Acknowledgement and acceptance of terms and conditions of use
This terms and conditions of use is a legal Agreement (the “Agreement”) between the visitor (“you”) to the website located at
https://wiki.beercanada.com or other website(s) operated by Beer Canada, its affiliates and related companies and entities (“Association”) from time to time (collectively the “Site”) and the Association concerning your access to and use of the Site. Your use of the Site is subject to the following terms and conditions and all applicable laws. If you do not agree to the terms of the Agreement, exit the Site immediately.
The access to the Site is offered to you conditional upon your acceptance without modification of the Agreement. You acknowledge that, from time to time, it may be necessary for Beer Canada to update or revise certain provisions of the Agreement. By accepting the Agreement, you agree that the Association may modify, alter or otherwise update the terms and conditions of the Agreement in its sole discretion without specific notice to you but Beer Canada agrees to have the updated terms and conditions available on the Site within a reasonable time. You agree to be bound by such terms and conditions as are in effect at the time at which you access the Site. It is your responsibility to check for such modifications, alterations or updates to the Site. If you do not agree to the changes proposed by Beer Canada, or to any terms and conditions in the Agreement, your sole and exclusive remedy is to cancel your account and discontinue any use of the Site.
Your access and use of the Site constitutes irrefutable evidence of your consent to be bound by the Agreement.
In consideration of the Association providing you with access to the Site, through your access to and use of the Site, you accept and agree, without limitation or qualification, to the Agreement and that you intend to be legally bound by it.
Registration obligations
You must: (a) provide true, accurate, current and complete information on Beer Canada's registration form and (b) maintain and promptly update the registration data as necessary. If, after investigation, Beer Canada has reasonable grounds to suspect that any of your information is untrue, inaccurate, not current or incomplete, the Association may suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.
Beer Canada reserves the right, at its sole discretion, to reject your registration for any reason and at any time. If your registration is rejected by the Association, you may not use the Site or attempt to re-register without the Association's prior express consent, or re-register using another person’s information or by falsifying such information.
Use and protection of user name and password
You will receive a user name and password upon completing Beer Canada's registration process and you are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Beer Canada cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Beer Canada cannot and will not be liable for any loss or damage arising hereunder or those arising from any failure by you to (a) immediately notify BAC of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Site; and (b) all activities that occur under such password or account.
User conduct
You agree:
a) Not to use the Site for any purpose that is unlawful or prohibited by the Agreement;
b) Not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site;
c) Not to upload, post, or otherwise transmit any files which contain viruses, worms, Trojan horses or other harmful, disruptive or destructive files or code that manifests contaminating or destructive properties;
d) Not to create a false identity;
e) Not to post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party;
f) Not to post material of advertising or commercial solicitation;
g) Not to use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content on the Site or for any other purpose in connection with your access to and use of the Site;
h) Not to take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or to shut down, overload or overwhelm the Site or any portion thereof;
i) Not to use or attempt to use another's account and/or user name, password without prior written authorization from Beer Canada;
j) Not to access or attempt to access any design content which you are not authorized to access;
k) Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any materials, system resources, accounts, passwords, servers or networks connected to or accessible through the site or any affiliated or linked sites;
l) Not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists;
m) Not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of Users or other information; and
n) To logout and exit from your account at the end of each session.
Use of content and data entered
Beer Canada shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Agreement or be otherwise illegal. The Association, in its sole and absolute discretion, may preserve content and may also disclose content if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by the Association to protect the rights, property or safety of Beer Canada or its users.
Illegal and/or unauthorized use of the Site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Links
The Site may reference or link to third party sites throughout the World Wide Web. Such links and references are provided to you as a convenience only. Beer Canada has no control over these sites or the content within them. Beer Canada cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Beer Canada does not endorse the content of any third party site, nor does the Association warrant that they will not contain viruses or otherwise impact your computer. Beer Canada does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. By using the Site to search for or link to another website, you agree and understand that you may not make any claim against the Association for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another website. If you have a problem with a link from the Site, please notify us at 613-232-9098 and we will investigate your claim and take any action we deem appropriate in our sole discretion. You may not create links from other websites to the Site, except if expressly permitted in writing by Beer Canada
Information ownership
By accepting the Agreement, you accept that all information or data input, transmitted to and/or stored within the Site becomes the sole property of Beer Canada. You further renounce ownership of this information and agree that such information may only be shared with you, in whole or in part, at the sole discretion of Beer Canada.
You acknowledge that information or material that you provide electronically through your access to or usage of the Site is not confidential or proprietary, except as may be required under applicable law.
You acknowledge that Beer Canada may from time to time, but is not obligated to, monitor access to, use of and other activities relating to the Site and collect, store and use information (including your IP address) on the terms and conditions of the Privacy Policy and you hereby consent to such monitoring, collection and use by Beer Canada on the terms specified in the Privacy Policy.
Termination of access to the Site
Your account may be terminated for any reason including, but not limited to, the following: (a) violation of the Agreement; (b) abuse of the Site’s resources or attempt to gain unauthorized entry to the Site or the Site’s resources; © use of the Site in a manner inconsistent with the intended purpose; (d) your request for such termination; or (e) requirement of applicable law, regulation, court or governing agency order.
Beer Canada's termination of your access to the Site may be effected without notice and, on such termination, the Association may immediately deactivate or delete your account and/or bar any further access to the Site. Beer Canada shall not be liable to you or any third party for any termination of your access or account hereunder.
Software
Except for software expressly identified as being owned by the Association, any software available for downloading through the Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. Beer Canada does not sell, resell, license or sub-license any such software on the Site, and Beer Canada disclaims any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Site. In the event of any express inconsistency between the terms in the Agreement and those contained in any license agreement with a software vendor, the Agreement is paramount.
Exclusion of warranties
Beer Canada makes no representation or warranty regarding the reliability, accuracy or completeness of the information appearing on the Site, the functionality or condition of the Site, its suitability for use, or that its use will be uninterrupted or error-free. ALL INFORMATION OR MATERIAL ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. BAC AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of liability
Your use of the Site is at your sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or otherwise.
Beer Canada, it affiliates and their respective agents, administrators and employees are not responsible for and may not be held liable to you or any third parties for any claims, losses, costs, expenses or damages whatsoever, including indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other losses (even if the Association has been advised of the possibility of such damages), arising out of or in connection with the Site, the content contained therein, your use or inability to use the Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site; or any other matter relating to Beer Canada or the Site. Without limitation and notwithstanding anything to the contrary, Beer Canada, its affiliates and their respective agents, administrators and employees shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise arising out of or in connection with:
a)failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages or instructions between you and Beer Canada and/or which prevent information, materials, messages or instructions from being transmitted in whole or in party between you and Beer Canada;
b) your inability to access, at any time, any part of the Site or any content, products or services provided on it;
c) interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
d) lack of suitability, reliability, timeliness or availability of the Site or any content, products or services offered on the Site; or
e) the Association’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing the Site.
The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if the Association has been advised of the possibility of such claims, losses, costs or damages.
Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, Beer Canada’s liability in such jurisdictions will be limited to the extent permitted by law.
Notwithstanding the foregoing, should Beer Canada be held liable for direct damages incurred by you related to your use of the Site, Beer Canada’s total cumulative liability under the Agreement shall be limited to CAD $100 even if such damages arise out of the Association’s gross negligence or wilful misconduct or even if Beer Canada has been advised of the possibility of such damages.
Liability for computer system
You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration or compatibility of the different components of your computer system, (ii) your use of any material on any website, (iii) your access to any website, or (iv) downloading of data, software and viruses.
Beer Canada, its affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
Indemnity
You agree at all times to indemnify, defend and hold harmless Beer Canada, its affiliates and their respective agents, administrators and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Beer Canada, arising from your failure to respect the terms and conditions hereof, or an act or omission or your negligence resulting from use of the Internet or access to any website, including the Site, by you or any other person to whom you have provided access to your computer system and who is using it on your behalf.
Violation of the Agreement
You agree that monetary damages may not provide a sufficient remedy to Beer Canada for violations of the Agreement and you consent to injunctive or other equitable relief for such violations. You understand and agree that in Beer Canada's sole discretion, and without prior notice, Beer Canada may terminate your access to the Site or exercise any other remedy available. Beer Canada may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Trademark information
Trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are registered or unregistered Marks of Beer Canada or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Any information or material contained on the Site which may be reproduced pursuant to the Agreement must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.
Security and risks related to the internet
The Site has security measures in place to protect the loss, misuse and alteration of the information under Beer Canada’s control. Although every effort is taken to ensure no one else will view, seize or obtain your personal data, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. You acknowledge and agree that Beer Canada, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be made at your own risk.
Accuracy of information
While Beer Canada may update the information or materials on the Site from time to time, no assurance is given that information or material on the Site is up-to-date, accurate, error-free or complete.
Viruses, etc.
Beer Canada does not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through the Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Governing Law
The Site is controlled and operated by Beer Canada from Ottawa, Ontario and these terms shall be governed by the laws of the Province of Ontario and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the province of Ontario in connection with the interpretation or application of these terms.
Survival
The Agreement applies while you are accessing the Site and remains in effect thereafter.
Severability
If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
Entire Agreement and Revisions.
The Agreement and any other legal notices on the Site constitute the entire agreement between you and Beer Canada with respect to the use of the Site. Beer Canada reserves the right to revise the Agreement at any time and for any reason without notice or obligation to you.
