Terms and Conditions
In these Terms “we”, “our”, and “us” means the Highlander Liquor Store Inc. and their subsidiaries, affiliates, related entities and assigns, as the case may be.
1. USE OF THE WEBSITE
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms (as it then reads), and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms on behalf of the person you purport to represent, you may not access or use the Website.
2. CONDITIONS AND RESTRICTIONS ON USE
You may use the Website only if you are a resident of Alberta and have reached the age of majority (eighteen years of age) and you can form legally binding contracts under applicable law. We reserve the right to request proof of identification and age. MINORS ARE STRICTLY PROHIBITED FROM USING THE WEBSITE.
4. USE OF THE WEBSITE AND INTELLECTUAL PROPERTY OF Highlander Liquor Store Inc. AND OTHERS
The Website is made available to you for your lawful and personal use only. You may use the Website only in the manner described expressly in these Terms and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website (including without limitation all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination and selection of such items and other information in text, video, and graphical forms, images, icons, software, designs, applications, and other elements available on or through the Website) is our property or that of our suppliers or affiliates, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content, whether by estoppel, implication, waiver, or otherwise. Except as expressly permitted by copyright laws, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without our express prior written consent or the written consent of owners of such content, as the case may be. For greater certainty, and without limitation, any resale or commercial use of the Website contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website or its contents, any downloading or copying of customer or account information, or any use of data mining, robots, or similar data-gathering and extraction tools is strictly prohibited.
5. THIRD PARTY CONTENT AND CONTENT LINKED TO THE WEBSITE
We or third parties may provide links to other websites or resources located on the internet by allowing a user to leave the Website to access third-party material or by bringing the third party material into the Website via “inverse” hyperlinks and framing technology. These links are provided to you as a convenience and for information only, and the inclusion of any link does not imply our endorsement of the subject website. You agree that any external website or resource that you access through the Website is done so at your own risk. You acknowledge and agree that we are not responsible for the availability of such external websites or resources and we may add and/or remove links from the Website at any time without notice to you. You further acknowledge and agree that we are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources and that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
6. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website may be accessible only to users who have registered a user account and password. You are responsible for maintaining the confidentiality of your user account and password and for restricting access to your user account. You must notify us immediately if there is any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or disclosure of your password. You are solely responsible for any and all activities, including without limitation all purchases, which are made under your user account.
We may, in our sole discretion, at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to the Website or parts of it or refuse to accept or act upon any purchase order or communication if we are not satisfied with such proof.
For the purposes of accessing the Website, your user account and password remain our property and may be cancelled or suspended at any time by us in our discretion without any notice or liability to you or any other person.
7. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS WHETHER EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND ANY MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED THEREON, INCLUDING WITHOUT LIMITATION, FOR ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, TIMELINESS AND PERFORMANCE THEREOF; THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU IN ANY AMOUNT GREATER THAN THE LESSER OF I) THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT OR SERVICE MOST RECENTLY PURCHASED FROM THE WEBSITE OR II) FIFTY DOLLARS ($50.00) (THE “LIABILITY LIMIT”).
YOU EXPRESSLY AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE LIABILITY LIMIT FOR ANY AND ALL CLAIMS OR LOSSES YOU SUFFER AS A RESULT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE AND ANY CONTENT, PRODUCTS AND SERVICES OFFERED THEREON OR PURCHASED BY YOU. THIS INCLUDES WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. INDEMNITY AND RELEASE
By using the Website you agree to release us and our partners, any party controlled by or under common control with us and our and their respective, officers, employees, and licensors and indemnify and hold us and them harmless from any and all third party claims, claims by you, demands, debts, obligations, damages (actual or consequential), costs, including legal fees, of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or that we may suffer arising from your use of the Website, including without limitation your use of any products and services, your Submissions (defined below), your user account and your User Content, regardless of whether such use is authorized by you. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES AS PROVIDED IN THESE TERMS.
10. CHANGES IN WEBSITE, TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
We reserve the right, at any time in our sole discretion, to modify these Terms without notice or liability to you. By using the Website after revised Terms have been posted you signify your acceptance and agreement to be bound by the revised Terms. Please review these Terms from time to time so you will be apprised of any changes. All provisions of these Terms which impose obligations continuing in their nature will survive the termination of these Terms or the Website, as the case may be.
We reserve the right, at any time in our sole discretion, to modify, remove, suspend or discontinue, with or without notice or any liability to you: i) the Website or any part of it, or any of its content; ii) any service, feature or product offered through the Website; iii) fees charged in connection with the use of the Website; iv) any store-based pricing, advertising and marketing materials, product pricing and availability; and v) any offer of opportunities or promotions to some or all users of the Website.
11. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We cannot guarantee availability of any product through the Website or in store. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice to you (including after you have submitted an order or purchase).
12. PROMOTIONS OR CONTESTS
Contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) may be made available through the Website which may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. To the extent that the terms and conditions of such Promotion conflict with these Terms, the terms and conditions of such Promotion will govern.
13. SUBMISSIONS OF IDEAS
If you have any ideas or suggestions (a “Submission”) regarding improvements or additions to the Website, we would like to hear them but any Submission will be subject to these Terms.
UNDER NO CIRCUMSTANCES WILL ANY SUBMISSION PROVIDED BY YOU TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING A SUBMISSION TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND PAYMENT THEREFOR AND ARE REPRESENTING AND WARRANTING TO US THAT THE SUBMISSION IS YOUR ORIGINAL WORK OR IDEA, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMISSION AND THAT WE ARE FREE TO IMPLEMENT THE SUBMISSION IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
These Terms are be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable. Any disputes or claims (“Claim”) whatsoever between us and you will be referred to and determined by arbitration to the exclusion of the courts. If you have a Claim you should give written notice to arbitrate to us at:
Highlander Liquor Store Inc.
6045 4th Street SE
Calgary, AB T2H 2A5
PHONE: (403) 640-7759
For general inquiries please contact us
You agree to waive any right you may have to commence or participate in any class action against us related to any Claim, where applicable you also agree to opt out of any class proceedings against us. If we have a Claim, we will give you notice to arbitrate at your billing address. Arbitration of Claims will be conducted in the Province of Alberta by one arbitrator pursuant to the laws and rules relating to arbitration in the Province of Alberta that are in effect on the date of the notice to arbitrate.
15. ENTIRE AGREEMENT
16. NON-WAIVER AND SEVERABILITY
Our failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision. If an arbitrator or court of competent jurisdiction holds any provision of these Terms to be invalid, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect and the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision.
17. SUCCESSORS AND ASSIGNS
You agree that we may assign all or part of these Terms without such assignment being considered a change to these Terms and without providing notice to you. You agree that we will be released from all liability upon assignment and thereafter the assignee will have the same rights and obligations as we previously had.
18. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms or any other right of ours, we reserve the right to pursue any and all legal and equitable remedies against you and we reserve the right to ban you, in whole or part, temporarily or permanently, from any access to or use of the Website including but not limited to denying you access to the Website or your user account, prohibiting or preventing you from submitting Submissions or User Content, or prohibiting or preventing you from ordering, purchasing or otherwise utilizing any product or service offered through the Website.
If you are aware of any violations of these Terms, please report them to:
Highlander Liquor Store Inc.
6045 4th Street SE
Calgary, AB T2H 2A5
PHONE: (403) 640-7759
For general inquiries please contact us
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