Vin Room and Uncorked Wine Tasting Room
Ltd.
Terms and Conditions of Use of Website
The following terms and conditions govern your use of
www.vinroom.com and
www.vinroom.ca (the “Website”) which are
owned by Uncorked Wine Tasting Room Ltd and Vin Room. (“Uncorked”). Uncorked reserves the right to
change Terms and Conditions of Use on the Website, and you are advise to review
the Website regularly for any changes.
These Terms and Conditions of Use were last updated on October 1, 2008. These Terms and Conditions of Use, as
may be changed from time to time, also constitute part of the Customer Agreement
as may be changed from time to time.
In any event, you agree that by accessing and using the Website you are bound by
these terms and conditions as may be changed from time to time.
Registration Obligation
If you choose to register with Uncorked for the purchase of goods and/for the
Loyalty Card Program, you agree to : a) provide online true and complete
information about yourself; and b) maintain and promptly update on line
information about yourself to keep it true, current, and complete.
Copyright, Ownership, and Use of
Intellectual Property
The materials (the “Materials”) contained in the Website including, without
limitation, information, videos, software, photos, graphics, Loyalty Club
benefits and reports and sound are owned by, and protected by copyrights and
other proprietary rights in favor of Uncorked and third parties. All rights reserved. You shall not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit or use the Materials, in whole or in part without the prior
written consent of Uncorked. You may
print, in hard copy, portions of the Website only for the purpose of your own
use.
Trade-Marks
Uncorked logos are official marks, trade marks or trade names of Uncorked in
Canada.
Nothing in this Agreement or on the Website shall be construed as
granting or conferring, either expressly, by implication, by estoppel or
otherwise, a license or other right to you to use any of the marks or names or
any other intellectual property right of Uncorked. The names of other companies,
products, and other services referred to on the Website may be trade-marks or
trade-names of their respective owners.
Any use of the trade-marks or trade-names of Uncorked or of third parties
without the prior written consent of the applicable party is strictly
prohibited.
Compliance with Laws
In addition to complying with these Terms and Conditions of Use, you agree to
use the Website and Materials for lawful purposes only and in a manner
consistent with local, national or international laws and regulations. Some jurisdictions may have
restrictions on the use of the Internet by their residents.
Potential users of the Website, in any jurisdiction of the world whose laws
(common, statutory, regulatory or codified) would i) void these Terms and
Conditions of Use in whole or in any essential part (the essential parts being
at least, but not only, the provisions relating to governing law, and limitation
of liability); or ii) render accessing the Website illegal, are unauthorized to
use the Website./p>
Indemnity
You agree to indemnify, defend and hold Uncorked harmless from and against any
and all claims, liabilities, damages, demands, suits, actions, losses or
expenses (including all legal fees)
(collectively “Claims”) arising out of:
- your
infringement of any Uncorked or third party official mark, trade-mark, trade
secret, copyright, patent or other intellectual property rights and from any
Claims which may arise, now or in the future as a result of your use of the
Website;
- any act or
omission by you, your employees or agents which results in i) loss, damage,
interference with or disruption to the Website; ii) use of the Website for any
illegal purpose; or iii) use of the Website to achieve any unauthorized or
prohibited access to computer systems and data;
- your use
of the Website; and
- your
breach of any of these Terms of Use, the Terms and Conditions of Sale, the
Privacy Policy and Security Statement of the Customer Agreement or any rule,
regulation, guideline or policy of Uncorked as may be established and changed
from time to time and posted on the Website.
Disclaimers
YOU UNDERSTAND AND AGREE THAT:
- Use of the
Website is at your sole risk. The website
is provided strictly on an “as is”, “as available” basis. Uncorked does not warrant, represent,
guarantee or covenant that the Website will be uninterrupted or error free; nor
does Uncorked make any guarantee, warranty, representation or covenant as to the
results that may be obtained from the use of the Website or as to the accuracy,
reliability or content of any information or service on the Website. Uncorked will not be responsible for your
inability to execute a transaction or obtain goods related to any such
transaction, for whatever reason.
- The
downloading of Materials from the Website is done at your own risk. Uncorked does not at any represent,
covenant, guarantee or warrant that such materials are free of viruses, worms,
Trojan horses or other destructive code.
You are responsible for implementing safeguards to protect your computer system
and data and you are responsible for the entire cost of any service, repairs or
corrections necessary as a result of the use of the Website.
Limitations
In no event shall Uncorked be liable to you for any direct, indirect,
consequential, incidental, special, compensatory or punitive damages or losses,
or damages for loss of income, lose of business profits, business interruption,
loss of data or business information, or loss of or damage to property, or
claims of third parties, or other pecuniary loss, arising out of or related to
this Agreement, the use of the Website, the use of any other site or page
accessible from the Website or the Acquisition or use of any goods purchased
through the Website or through reports accessed from the Website. In no event will the cumulative
liability of Uncorked arising out of or related to this Agreement or to any such
use or acquisition exceed the replacement cost of any such goods. To the extent that some jurisdictions
do not allow exclusions or limitations on some categories of damages, these
exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the
causes, circumstances, or form of action giving rise to the loss, damage, claim
or liability, even is such loss, damage, claim or liability is based upon breach
of contract (including, without limitation, a claim of fundamental breach or
breach of a fundamental term), tort (including, without limitation, negligence),
strict liability or any other legal or equitable theory, and even if advised of
the possibility of the loss, damage, delay, claim or liability.
Privacy Policy and Security Statement
Uncorked is committed to protecting the privacy and confidentiality of its
customers’ personal information.
This Privacy Policy and Security Statement explain how Uncorked will
ensure the confidentiality and privacy of the personal information you will
furnish to Uncorked.
Collection of Personal Information
All personal information collected on the Uncorked websites
www.vinroom.com and
www.vinroom.ca (the “Website”) is collected
when you voluntarily provide it.
Personal information about you is collected when you register to be a user on
the Website, register to be a Vin Room Loyalty Club Member or when you purchase
goods from Vin Room located at 2310-4th St SW, Calgary,
Alberta, T2S 1X2. Such information may
include your name, address, email address, payment/credit card information,
password, quantity or name of wine and food purchases, feedback on wine and food
tastings. From time to time,
you may choose to provide further information by responding to customer surveys.
Uncorked may also collect information about your uses of the Website through the
use of “cookies”. Cookies are small
data files that are sent to your browser and stored on your computer’s hard
drive when you visit certain websites, thereby “tracking” use of the Website. Some browsers can be set to reject
all cookies; if you choose to modify your browser in this matter, some pages of
the Website may not function properly.
Uncorked uses the information generated through the use of cookies to,
for example, estimate the number of people who are using the Website, to track
the pages of the Website that are being visited and generally to track trends
and patterns. This information tells
Uncorked about user interests and behaviors, which can, in turn, to be used to
design and target advertising and promotions.
This information may be disclosed to third parties but no personal
information will be disclosed.
Use of Personal Information
Uncorked uses personal information about you and your use of the Website to:
- Process,
verify and deliver your orders;
- Better
understand your product preferences;
- Track and
analyze trends and patterns;
- Administer
ballots for contests, draws and raffles;
- Conduct
information and education programs such as customized tastings and wine
appreciation evenings
- Create
customized events based on customer preferences and trends
- Comply
with any legal and regulatory requirements.
- Provide
invitations to special events
- Provide
specific targeted events and promotions for Vin Room Loyalty Card members which
may include but is not limited to, wine tasting events, promotions, discounts,
and offers
Your personal information will not be used to place you on any third party
mailing lists nor will your personal information be released to any third party,
except as you may specifically authorize, or except as may be authorized by law.
Uncorked may also use your personal information to create aggregated information
that does not allow you to be personally identified or contacted. Rather than showing individual
activity or trends, aggregated information shows user behavior as a whole. Aggregated information is used
in order to market and promote the Website and create special events and
promotions with our business partners and may be disclosed to third parties.
How your information is secured and
protected
When you provide Uncorked with personal information such as your name, credit
card number, etc., it is done on a secure server. One of today’s most advanced security systems-Secure Socket Layers (SSL) encrypts
all information you provide before sending it to Uncorked’s own server.
Recognizing that your privacy is important to us, Uncorked employs technical
security measures to protect your personal information.However, no transmission over the
Internet can be guaranteed to be complete secure. Consequently, Uncorked does not represent, warrant, covenant, or
guarantee the complete security of the personal information you provide to
Uncorked and does not accept any liability for personal information submitted to
Uncorked which is misappropriated, inadvertently disclosed, misused, lost or
altered despite the security measures which Uncorked employs or as a result of
your or third parties’ use or misuse of personal information provided to or
accessed through the Website.
Consent and Disclosure
Your consent to our collection from, verification with, communication to, any
third party and our use of , your personal information for these purposes. Uncorked will keep your personal
information for as long as it remains necessary for the identified purposes or
as required by law and your consent remains valid after the termination of our
relationship with you.
You agree that Uncorked may disclose your personal information to i) any person
who, in our reasonable judgment, is seeking personal information as your agent;
ii) a person involved directly or indirectly in supplying the goods to you to
the extent the personal information is required and used only for such purposes;
or iii) a person retained by Uncorked to enforce our legal rights against you,
if the personal information is required for, and is used for that purpose.
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