These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.invintorywines.com website and InVintory Wines mobile application (the "Service") operated by Invintory Wines Incorporated ("Invintory Wines", "us", "we", or "our").
Please read these Terms and Conditions carefully before using our website and InVintory Wines mobile application (the "Service").
Your access to and use of the Service is based on your acceptance of and compliance with these Terms and our Privacy Policy https://invintorywines.com/terms-conditions which is incorporated herein by reference. These Terms apply to all visitors, users and others who access or use the Service.
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND ACCEPT ALL LEGAL CONSEQUENCES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IN WHOLE OR IN PART, PLEASE DO NOT USE THE SERVICE.
By using the Service, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Your Use of the Service
You are prohibited from attempting to circumvent and from violating the security of the Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Service; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Service.
As a condition of your access and use, you agree that you may use the Service only for lawful purposes and in accordance with these Terms.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Service and any User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
(b) In any manner violate the terms of use of any third-party website that is linked to the Service, including but not limited to, any third-party social media website.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Invintory Wines's sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(e) Involve, provide, or contribute any false, inaccurate, or misleading information.
(f) Impersonate or attempt to impersonate Invintory Wines, an Invintory Wines employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Invintory Wines or users of the Service or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
The Service may contain Interactive Functions allowing User Submissions on or through the Service.
None of the User Submissions you submit to the Service will be subject to any confidentiality by Invintory Wines. By providing any User Submission to the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Service.
Site Monitoring and Enforcement
Invintory Wines has the right, without provision of notice to:
· Remove or refuse to post on the Service any User Submissions for any or no reason in our sole discretion.
· At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
· Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
· Terminate or suspend your access to all or part of the Service for any or no reason, including, without limitation, any violation of these Terms and Conditions.
We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review material that you or other users submit to the Service. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Site Monitoring and Enforcement
Invintory Wines has the right, without provision of notice to:
Remove or refuse to post on the Service any User Submissions for any or no reason in our sole discretion.
At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including, without limitation, any violation of these Terms and Conditions.
We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review material that you or other users submit to the Service. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Invintory Wines cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Invintory Wines customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. If required, you shall provide Invintory Wines with accurate and complete billing information including full name, address, telephone number, and valid payment information. By submitting such payment information, you authorize Invintory Wines to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Invintory Wines will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Invintory Wines, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Invintory Wines will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by Invintory Wines on a case-by-case basis and granted in sole discretion of Invintory Wines.
Accounts
Certain refund requests for Subscriptions may be considered by Invintory Wines on a case-by-case basis and granted in sole discretion of Invintory Wines.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Invintory Wines and its licensors, and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service for your own personal and noncommercial use only, or to place an order with Invintory Wines. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Invintory Wines or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Invintory Wines.Invintory Wines has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Invintory Wines shall 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 websites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for no reason or for any reason whatsoever, including, without limitation, if you breach the Terms.All of your obligations and our rights provided under these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INVINTORY WINES INCORPORATED, ITS PARTNERS, PRINCIPALS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS AND AGENTS, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, COSTS, ACTIONS OR DEMANDS.These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
INVINTORY WINES INCORPORATED, ITS PARTNERS, PRINCIPALS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS AND AGENTS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE SERVICE; (II) YOUR INABILITY TO ACCESS OR USE THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON OR RELATED TO THE SERVICE; (IV) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (V) THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimer and Non‐Waiver of Rights
IInvintory Wines makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS", "WHERE IS", and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided by law. In such cases, the provincial law shall apply to the extent necessary.Invintory Wines its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.If you breach any of these Terms and Invintory Wines chooses not to immediately act, or chooses not to act at all, Invintory Wines will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Invintory Wines does not waive any of its rights. Invintory Wines shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.You may not assign, sub-license or otherwise transfer any of your rights under these Terms. Invintory Wines may assign any or all of its rights and obligations under these Terms without your consent.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.Except as otherwise explicitly provided herein, these Terms benefit solely you and Invintory Wines and our respective permitted successors and assigns and nothing in these Terms impliedly confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
Interpretation
In these Terms, the headings are for convenience of reference only, do not form a part of these Terms, and are not to be considered in the interpretation of these Terms.In these Terms, the use of words in the singular or plural, or with a particular gender, will not limit the scope or exclude the application of any provision to such person(s) or circumstance(s) as the context otherwise permits.In these Terms: (i) the words "including," "includes" and "include" mean "including (or includes or include) without limitation," and (ii) the phrase "the aggregate of," "the total of," "the sum of," or a phrase of similar meaning means "the aggregate (or total or sum), without duplication, of". In the computation of periods of time from a specified date to a later specified date, unless otherwise expressly stated, the word "from" means "from and including" and the words "to" and "until" each mean "to but excluding".Each and every provision of these Terms will be interpreted and construed in accordance with its fair and plain meaning, with no inference, presumption or burden of proof in favour of or against any of the parties for reason that one party drafted or was more responsible for the drafting of these Terms or any of its provision(s).
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of laws principles. Any action or proceeding arising out of or relating to this Service and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.These Terms have a limited scope and application. Consequently, the rights and obligations contained in these Terms may not be available to all persons in all jurisdictions. These Terms do not create or confer upon any person any rights, or impose on us any obligations outside of, or in addition to, those imposed by law. Should there be, in a specific case, any inconsistency between these Terms and applicable law, these Terms shall be interpreted, in respect of that case, to give effect to, and comply with, such law. If you are unsure if or how these Terms apply to you, please contact us for more information.
Changes
Additional terms and conditions may be applicable to parts or features of this Service and are hereby incorporated by reference into these Terms.We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 60 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of same.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]
Terms Applicable to Apple iOS App associated with the Service
The following terms and conditions apply only in respect of your use of the Service's mobile application available for the Apple iOS platform (the "App") and are incorporated into the Terms by reference.
Acknowledgement: This agreement is concluded between you and Invintory Wines only, and not with Apple. Apple is not responsible for the App and the content thereof.
Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support: You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Invintory Wines's responsibility subject to these Terms.
Product Claims: You and we acknowledge that Invintory Wines, not Apple, is responsible for addressing any claims of end users or any third party relating to the App or the end-user's possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks.
Intellectual Property Rights: You and we acknowledge that, in the event of any third party claim that the App or the your possession and use of the App infringes a third party's intellectual property rights, Invintory Wines, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any end-user questions, complaints or claims with respect to the App should be directed to Invintory Wines.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App. For example, and without limiting the generality of the previous sentence, you must not be in violation of your wireless data service agreement when using the App
Third Party Beneficiary: You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
