Terms of Service
Welcome to WINE A BEE™ Mobile Application.
Depending on the context, the term “WINE A BEE™” refers to the name of the mobile application created by Vin & Wine inc. “Vin & Wine” used below refers to both Vin & Wine inc. and its mobile application WINE A BEE™.
The mention “seller” below refers to:
- Wine bars
- Wine clubs
- Restaurants
- Wine growers
- Supermarkets
- Private Importers
- Wine stores (SAQ, LCBO, etc.)
Vin and Wine inc. is an international Mobile Application facilitator providing a platform that enables users (hereinafter singular “User” and plural “Users”) to buy, rate and use wine information via a mobile application. It also enables Users to follow other Users to see their ongoing reviews and connect with contacts from e.g. social medias etc.
Vin and Wine Inc., and/or its affiliate “WINE A BEE™” provide mobile application, website features, other products and services to you when you visit, use or shop on our WINE A BEE™ Mobile Application, use WINE A BEE™ products or services. Vin and Wine Inc. provides the WINE A BEE™ mobile application Services subject to the following conditions.
By using WINE A BEE™ mobile application and services, you agree to these conditions. Please read them carefully.
Range of the terms
Vin and Wine inc. has created a Mobile Application that enables Users to be informed on the quality of the wines they are buying, to note their appreciation, to write reviews on wines and to buy wines from various third-party vendors.
In order to use our Mobile Application, the User must either sign in using a third-party application log-in, e.g. Facebook or Google, or fill out a form and create a profile without a third-party application log-in.
Please note, that the User may use our Mobile Application without signing up, in which case we will only be collected data based on your consent to our cookie policy that you may find in the following paragraph.
When registering via our online Mobile Application, the User provide us with certain information, including email, password, username, name, country of origin, preferred language. When registering and signing in via third-party application login (such as Facebook or Google), and the User authorize us to access certain account information from that third-party application, such as basic profile information; name, profile picture, email address (optional), current city (optional). Some of this information will never be made public, such as password. Other information can be either hidden by default (email address, country of origin) or public by default (name and profile picture if third party application sign up). Geolocation will not be disclosed, but the User have the possibility to add a geotag when viewing wines “suggestions” as a public user. The User can manage the visibility of this information under Your Profile and Settings.
Users entering the Mobile Application will then be introduced to a variety of ratings on wines based on criteria provided by Vin and Wine’s Experts, and the User can buy, rate and review wines.
By accepting these Terms, the User acknowledges that he/she has read, understood and accepted to be bound by all other related terms and agreements with Vin and Wine inc., such as our Privacy Policy.
The Mobile Application is intended for use by adults of legal drinking age in the jurisdiction in which you reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.
Vin and Wine as Mobile Application provider
The User is aware that the use of the Mobile Application WINE A BEE™ is without any responsibility for Vin and Wine inc., as we only providing the Mobile Application as a service to enable Users to choose wine more wisely and read reviews and suggestions on wines and to buy wines from various third-party vendors.
Vin and Wine inc. is a Mobile Application provider, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Mobile Application WINE A BEE™.
In no event shall Vin and Wine inc. be liable (directly or indirectly) for any losses and damages resulting from communications between Users and with possible third-party vendors.
Your, the User’s obligations
The User must at all times:
Provide Vin and Wine inc. with correct account information of name, address and email address, etc.
Respect and comply with these Terms of use.
Avoid posting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.
Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Failure to comply with the above may resolve in our deactivation of User account and/or banishment from the Mobile Application and/or the functionalities with any notice or without notice at the sole discretion of Vin and Wine inc.
Using the Mobile Application or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Mobile Application is accessed or used.
Mobile Application functionalities
In order to gain access to the functionalities of the Mobile Application, the User has to sign up and register as a User of the Mobile Application.
The User is solely responsible for any content of reviews, posting pictures and information made available on the Mobile Application and the public.
The User solely is responsible for all interactions with other Users or other third-party vendors in connection with the Mobile Application.
Maintenance and support
The User is responsible for installing any available updates to the App. We have no responsibility for incidents due to missing updates, or otherwise.
Vin & Wine’s Warranty
We do not provide any warranty unless specific and expressly stated.
Third-party terms may include applicable disclaimers.
Vin and Wine inc. underlines that it offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the wines.
Liability limitation
Due to the nature of the services provided, in general no liability incurs with Vin and Wine, as any potential liability lies with the Users.
If in extraordinary cases Vin and Wine should be liable, such liability is limited in the following ways:
- no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
- damages are under any circumstances limited to $ 500 Can.;
- only claims based on gross negligence or intent of Vin and Wine inc. can be filed.
Vin and Wine inc. is never liable for errors on the Mobile Application, or underlying software, the services or any information provided by Users. The Mobile Application and all its functionalities are provided to the User “as is”.
The limitations and exclusions in this section (Liability limitation) apply to the maximum extent permitted by applicable law.
Duration and Termination
These Terms are in force for as long as the Users account is active.
Vin and Wine inc. is entitled to terminate a user account immediately if the User violates the regulations of these Terms.
Vin and Wine inc.’s rights to user content shall not be affected by the termination of the Terms or a user account.
Termination of a user account does not relieve you from any obligation under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.
Changes
These Terms may from time to time be amended at Vin and Wine inc.’s sole discretion, followed by a notification to the Users. Users are bound by any changes to the Terms when using the Mobile Application after changes have been posted.
An updated version of the Terms will at all-time be available at www.vinoveritas.ca.
Miscellaneous
If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.
Law and venue
These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Mobile Application shall be settled in accordance with Canadien law.
Privacy
Please review our Privacy Policy, which also governs your use of the WINE A BEE™ Mobile Application Services, to understand our practices.
Electronic Communications
When you use any WINE A BEE™ Mobile Application Service, or send emails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by email, text, in-app push notices, or by posting notices and messages on the WINE A BEE™ Mobile Application, web site or through other WINE A BEE™ Mobile Application Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any WINE A BEE™ Mobile Application Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Vin & Wine inc or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any WINE A BEE™ Mobile Application Service is the exclusive property of Vin & Wine inc and protected by Canadian and international copyright laws.
Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any WINE A BEE™ Mobile Application Service are trademarks or trade dress of Vin and Wine Inc., or its affiliates, in Canada and other countries. Vin and Wine inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Vin and Wine inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vin and Wine inc. or its affiliates. All other trademarks not owned by Vin and Wine inc. or its affiliates that appear in any WINE A BEE™ Mobile Application Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vin and Wine inc. or its affiliates.
Licence and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, WINE A BEE™ Mobile Application or its content providers grant you, the user, a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the WINE A BEE™ Mobile Application Services. This licence does not include any resale or commercial use of any WINE A BEE™ Mobile Application Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any WINE A BEE™ Mobile Application Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by WINE A BEE™ Mobile Application or its licensors, suppliers, publishers, rightsholders, or other content providers. No WINE A BEE™ Mobile Application Service, nor any part of any WINE A BEE™ Mobile Application Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Vin and Wine inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WINE A BEE™ Mobile Application without express written consent. You may not use any meta tags or any other "hidden text" utilizing WINE A BEE™ Mobile Application's name or trademarks without the express written consent of Vin and Wine inc. You may not misuse the WINE A BEE™ Mobile Application Services. You may use the WINE A BEE™ Mobile Application Services only as permitted by law. The licenses granted by Vin and Wine inc. terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Account
You may need your own WINE A BEE™ account to use certain WINE A BEE™ Mobile Application Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
WINE A BEE™ Mobile Application does NOT sell products for children.
VIn and Wine inc reserves the right to refuse service, terminate accounts, terminate your rights to use WINE A BEE™ Mobile Application Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an identity card or other content. Vin and Wine inc. reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Vin and Wine inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Vin and Wine inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Vin and Wine inc. for all claims resulting from content you supply. Vin and Wine inc. has the right but not the obligation to monitor and edit or remove any activity or content. Vin and Wine inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
Vin and Wine inc. respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please advise us on info@vinoveritas.ca.
Risk of Loss
Risk of loss and title for items purchased from WINE A BEE™ Mobile Application pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Product Descriptions
Vin and Wine inc. attempts to be as accurate as possible. However, Vin and Wine inc. does not warrant that product descriptions or other content of any WINE A BEE™ Mobile Application Service is accurate, complete, reliable, current, or error-free. If a product offered by WINE A BEE™ Mobile Application is not as described, your sole remedy is to return it unopened.
Pricing
The prices shown on WINE A BEE™ Mobile Application are the suggested retail price of a product as provided by a seller.
With respect to items sold by WINE A BEE™ Mobile Application, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other sellers may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Other Businesses
Parties other than Vin and Wine inc. provide services or sell product lines through the WINE A BEE™ Mobile Application Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from WINE A BEE™. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or sellers or the content of their web sites. Vin and Wine inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
The laws of certain jurisdictions, including Quebec's consumer protection act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.
The WINE A BEE™ Mobile Application Services and all information, content, materials, products and other services included on or otherwise made available to you through the WINE A BEE™ Services are provided by Vin and Wine inc. on an "as is" and "as available" basis, unless otherwise specified in writing. Vin and Wine inc. makes no representations or warranties of any kind, express or implied, as to the operation of the WINE A BEE™ Mobile Application Services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the WINE A BEE™ Mobile Application Services, unless otherwise specified in writing. You expressly agree that your use of the WINE A BEE™ Mobile Application Services is at your sole risk.
To the full extent permissible by applicable law, Vin and Wine inc. disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties of title, merchantable quality and fitness for a particular purpose. Vin and Wine inc. does not warrant that the WINE A BEE™ Mobile Application Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the WINE A BEE™ Mobile Application Services; its servers, electronic communications, or email sent from WINE A BEE™ Mobile Application Services are free of viruses or other harmful components. Vin and Wine inc. will not be liable for any damages of any kind arising from the use of any WINE A BEE™ Mobile Application Service or from any information, content, materials, products (including software) or services included on or otherwise made available to you through any WINE A BEE™ Mobile Application Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Applicable Law and Disputes
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any WINE A BEE™ Mobile Application Service, or to any products or services sold or distributed by Vin and Wine inc. or through WINE A BEE™ Mobile Application Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Vin and Wine inc. shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
WINE A BEE™’s Policies, Modification, and Severability
Please review our other policies, such as our sales Conditions and Delivery, posted on the WINE A BEE™ Mobile Application menu. These policies also govern your use of WINE A BEE™ Mobile Application Services. We reserve the right to make changes to our Mobile Application, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Vin and Wine inc. 71 Duke street, Montréal, H3C 0L5
Last updated: March 24th, 2022