TERMS AND CONDITIONS
This web site and all pages thereof (collectively, the “Web Site” or “Site”) is operated by Sunweld Distilling Co., including its constituent entities and/or their respective affiliates, licensors, licensees, and/or agents (“our”, “Our”, “Us”, “us”, “we” or “We”). Unless stated otherwise, terms, conditions, disclaimers, and notices contained herein (collectively, “Terms”) apply to all pages of the Web Site, and, unless otherwise stated thereon, to any other of our websites that you access by or through the Site (collectively, the “Sites”).
IMPORTANT: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND US ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS FACT DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO US, YOU AGREE TO AND ARE BOUND BY THE TERMS CONTAINED ON THIS PAGE, INCLUDING BUT NOT LIMITED TO DISCLAIMERS OF WARRANTIES, LITIGATION, DAMAGE, AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF BRITISH COLUMBIA LAW.
We reserve the right to alter, update, add to and/or revise these Terms from time to time and at any time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Site. You shall be deemed to have accepted any changes made by us if you continue to use the Site after such changes are effective, if you click any button to accept, agree, or acknowledge your “ok” to the Terms (or such other variation presented to you), or if you provide your agreement through other means, and no additional action or agreement shall be required. We encourage you to periodically review these Terms, so you are aware of any revisions to which you are bound.
1. USE OF THE SITE
1.1 Your access to and use of this Site is subject to all applicable laws and regulations which apply to this Site, to the Internet, as well as these Terms. Your accessing of this Site and/or your use of this Site constitutes acceptance of these Terms without reservation, limitation or qualification. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site if we suspect misuse.
1.2 You may not use this Site if any of the following conditions apply to you:
(a) You are not of the legal age of majority in the jurisdiction from which you are accessing this Site (“Your Jurisdiction”);
(b) It is otherwise illegal in Your Jurisdiction for you to access, view and/or use this Site; or
(c)The consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in Your Jurisdiction.
You must not use the Site or cause or permit the Site to be used if any of these conditions apply to you, including if any material on this Site, your use of this Site, or products advertised on this Site, is contrary to the laws of Your Jurisdiction. If any of these conditions apply to you, please leave this Site immediately. If you do not leave this Site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.
1.3 These Terms apply to all visits to this Site and all information, products, and/or services provided on or through this Site.
1.4 You agree not to circumvent any age gate or other technical measures we use to ensure that the Site complies with applicable law and regulation.
1.5 This Site is for informational purposes only and is maintained exclusively for the personal use and entertainment of persons resident in jurisdictions where the consumption and use of alcohol is permitted and who are of legal age for the consumption of alcohol in those jurisdictions.
1.6 The information posted on this Site is not warranted or represented in any way to be accurate or complete. Any use or reliance on such information is at your own risk. Your access and use of this Site is strictly on an “as is” basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended.
1.7 We further reserve the right to disclose to the relevant authorities and in accordance with applicable law any information we hold concerning your identity and any evidence we have which relates directly or indirectly to misuse of this Site. In the event that your misuse constitutes a criminal offence, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing any information we hold concerning your identity to them in accordance with applicable law.
1.8 We are not responsible for any content or opinions posted by any other person or third party or that is otherwise accessible through any public part of the Site, including on any form of news group, social media, chat room, or other forum which is accessible through our Site. However, if you believe that content posted by another person or third party breaches your rights, please contact us using the contact information given below, and we will investigate promptly. We reserve the right (but not the obligation, unless required by applicable law) to remove any content or opinions posted by any person or party, including on any form of news group, social media, chat room, or other forum which is accessible through our Site.
2. INTELLECTUAL PROPERTY
2.1 All references in this Site to trade names, trademarks, logos, service marks, designs and other intellectual property (“Intellectual Property”) are references to the owner and/or licensee(s) of such Intellectual Property, and all rights in respect of all of such Intellectual Property are reserved. As used on this Site, “®” refers to a registered trademark; “™” refers to a trademark; and “©” refers to a copyright, but trademarks and copyrighted works used on the Site may not be so marked.
2.2 Unless otherwise noted or provided in these Terms or in the text on the Site, everything you see or read on this Site is our property, including all copyrights, trademarks, service marks, logos, designs and other Intellectual Property. You agree that unless otherwise noted or provided in these Terms, we own all right, title and interest in and to the Intellectual Property of the Site. We reserve all rights not expressly described in these Terms.
2.3 To the extent we approve the download or use of Intellectual Property comprised of copyrights or copyrightable works, we grant you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as we make such Intellectual Property generally available to the public. All such Intellectual Property is intended for personal, non-commercial use. Allowing you this limited use does not constitute a waiver of any of our rights to the Intellectual Property. We neither warrant nor represent that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with us.
2.4 You agree that nothing on this Site may be used by you except as provided in these Terms without our written permission, and that you will not use any Intellectual Property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Intellectual Property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from us.
2.5 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property or content displayed on this Site without our prior written permission, or the permission of any third party that may own any such Intellectual Property or content displayed on the Site. Your use of any of the Intellectual Property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms. We will aggressively enforce our intellectual property rights to the fullest extent of the law, should you breach any of these Terms.
3. PROMOTIONS
3.1 Any contests, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern with respect to the applicable Promotion.
3.2 Some discount codes that offer discounts on the merchandise available on the Site may carry certain restrictions. Please refer to the specific program or Promotion that generated the code for full information about restrictions or limitations relating to the program or Promotion, which may include the quantity of items that can be purchased and whether or not that code can be combined with other discount codes or promotions.
4. SUBMISSIONS
4.1 Where applicable, any communication or material you transmit to us or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, or posted photos, videos, comments, data, questions, suggestions, survey responses, and other content (all of which are collectively called “Submissions”), is and will be treated as non-confidential and non-proprietary.
4.2 Any Submissions you transmit or post become the property of us and may be used by us and our affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at our election and sole discretion. We are free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to us, you will be deemed for all purposes to have assigned and transferred to us all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral rights and personality rights in and to the Submission, and you acknowledge and agree that your transmitting any Submission to us will be deemed for all purposes to be your electronic signature to these Terms. We are free to use any ideas, concepts, intellectual property, know-how, or techniques contained in any Submission for any purpose whatsoever.
4.3 You understand that deleted Submissions may persist in our systems to the extent your Submission has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal information in accordance with applicable law.
4.4 You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis, and is treated as a “Submission.” We are free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, and you grant to us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you.
4.5 We are not responsible for any Submissions which may be posted in any public part of the Site, including any news group, social media, chat room, or other forum accessible or operated through or by this Site, and we will have the right (but not the obligation) to remove from any such public part of the Site including any such news group, social media, chat room, or other forum anything which we see fit to remove for any reason. You must not submit or otherwise publish through this Site or through any such news group, social media, chat room, or other forum anything which: is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, or invades the privacy of any person, as determined by us in our sole discretion; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; is obscene, pornographic, abusive or threatening; infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; violates any local, provincial, federal, or international laws or is otherwise tortious; advocates or describes any illegal activity; is false, fraudulent, inaccurate, or misleading; or advertises or solicits funds for goods or services.
5. MONITORING
5.1 We have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any content submitted to the Site, including Submissions, and any use of and access to the Site, including to determine compliance with these Terms. We also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through the Site, for any reason, including violation of these Terms, whether for legal or other reasons.
6. YOUR CONDUCT
6.1 You will not:
6.1.1 upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site;
6.1.2 interfere with the servers or networks connected to this Site or to violate any of the procedures, policies or regulations of networks connected to this Site;
6.1.3 impersonate any other person while using this Site;
6.1.4 conduct yourself in a vulgar, offensive, harassing or objectionable manner while using this Site;
6.1.5 where applicable, submit or otherwise publish through this Site or on any news group, social media, chat room, or other forum accessible by or through the Site any material or content which is defamatory, offensive, pornographic, abusive or threatening or which describes any illegal activity or advertises any goods or services;
6.1.6 where applicable, submit or otherwise publish through this Site or on any news group, social media, chat room, or other forum accessible by or through the Site any material or content which infringes the intellectual property rights of a third party;
6.1.7 use this Site for any unlawful purpose; or
6.1.8 resell, sublicense or export the software associated with this Site.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 THE SERVICES, AND ALL INTELLECTUAL PROPERTY, CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INTELLECTUAL PROPERTY, THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON THE SITE OR OTHERWISE MADE AVAILABLE TO YOU.
7.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY THE LAWS OF ANY JURISDICITON INCLUDING YOUR JURISDICTION. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE. THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.3 You promise to indemnify and save and hold us and our officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, damages, losses, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from or in any way connected with any of the following: (i) your access to, use or misuse of the Site; (ii) your breach or alleged breach of these Terms; (iii) any Submissions you submit; or (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that we will have no liability in connection with any of the foregoing circumstances, and you agree to indemnify, defend, and hold harmless any and all of our resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume exclusive control of defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify us. You shall not settle any claim without our prior written consent.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER
8.1 You agree with us that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Site, and/or use of the Site, as well as all questions of arbitrability, shall be settled by arbitration administered by the British Columbia International Commercial Arbitration Centre by a sole arbitrator. We shall endeavor to agree with you upon the identity of the arbitrator. If the Parties fail to appoint a mutually acceptable arbitrator, then the British Columbia International Commercial Arbitration Centre may be instructed by either Party to the dispute to appoint an arbitrator of its choice. The place, or legal seat of arbitration, shall be British Columbia, and the language of the arbitration shall be English.
8.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS.
8.3 Each party shall bear its own arbitration filing fees. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9. CONFIDENTIALITY AND PRIVACY ISSUES
9.1 Unless encrypted, information sent or received over the Internet is insecure and we cannot and do not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. We will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to us through this Site.
9.2 Through your accessing or usage of this Site, we may gather certain information about you and your usage of the Site. In so doing, we will comply with our Privacy Policy available at (“Privacy Policy“), which is incorporated herein by reference.
9.3 If a Site has additional, separate privacy provisions in addition to the Privacy Policy (“Additional Privacy Provisions”), then use of that Site is subject to those Additional Privacy Provisions. If any terms of the Privacy Policy conflict with the Additional Privacy Provisions presented on any particular website, then the Additional Privacy Provisions shall control to the extent of the conflict.
10. LINKED SITES
10.1 The Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). Even if the third party is affiliated with us, we have no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of us. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These links to External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that we sponsor, endorse, or are affiliated with or associated with any products or services displayed on or anything accessible through such External Sites.
10.2 If and to the extent that any other sites on the Internet are linked to this Site or one of our other sites at any time, we are not responsible for the content of any such linked site or any link contained within such a linked site. We reserve the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by us of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.
11. CONSENT TO COMMUNICATIONS
11.1 By providing us with your contact information and using the Site, you agree to receive communications via e-mail and/or social media from or on behalf of us at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
12. NO THIRD PARTY RIGHTS
12.1 Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and us and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, us, and our successors and assigns.
13. OUR CONTRACT
13.1 Both parties agree that these Terms are the complete and exclusive statement of the mutual understandings and agreements of the parties hereto, and supersedes and cancels all previous written and oral agreements, communications and other understandings between the parties hereto relating to the subject matter of these Terms, and that all waivers, amendments and modifications must be in a writing signed or otherwise agreed to by both parties, except as otherwise provided herein.
13.2 Please note that we may not necessarily keep a copy of these Terms. We advise you to print or save a copy of these Terms for your information in the future. If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact us.
13.3 Any claim relating to these Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions.
13.4 If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
13.5 You may not assign or otherwise transfer the Terms without our prior written consent, which may be withheld in our sole and absolute discretion. Any other purported assignment shall be void.
13.6 No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect whatsoever.