TERMS AND CONDITIONS OF USE FOR: Distilleriedemontreal.com

Last update: July 6, 2022

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of the site maintained by Montreal Distillery (the “Site”).
By accessing or browsing the site, you represent that you have read, understood and are agree with the Terms and Conditions. Please note that we may change the Terms of Use at any time without notice. Your continued use of the site will be deemed acceptance of the revised terms.

1. AGE RESTRICTION

You must be at least eighteen (18) years of age to use this site or any services included on this site. By accessing or using this site, you represent that you are at least eighteen (18) years old. We will not be liable for any misrepresentation of your age.

2. INTELLECTUAL PROPERTY

All intellectual property on the site is owned by us or our licensors and includes any copyrighted material, trademarks or patents. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content is a collective work under Canadian or other copyright law and is the property of Montreal Distillery. The materials on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, without our written permission.

3. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the site, including, but not limited to, materials, data or information developed by us, or any other items that may assist you in using the site or the services (“Company Content”). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as conferring any license or intellectual property rights upon you.

4. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction as the total price may include taxes, fees and shipping costs for which you are responsible.  When you provide us with a payment instrument, you represent that you have permission to use that payment method.

When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and store that payment instrument and any other information related to the transaction.

If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these Terms and Conditions or if we believe that doing so may prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities, or any affected third party (including other users) and may share details of any payment with which you are associated if we believe that such action may prevent financial loss or a violation of the law.

5. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

  6. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address, shipping address and billing information. We reserve the right to refuse or cancel any order for any reason, including an error or omission in the data you provide. If payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical items, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your payment method. Shipping and delivery costs and scheduled delivery dates may change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address: info@distilleriedemontreal.com.

If you are not satisfied with a product you have purchased on our site, you may proceed as follows:

Please contact us at info@distilleriedemontreal.com for any exchange or refund request.

7. ACCEPTABLE USE OF THE WEBSITE

You agree not to use the site for illicit purposes or any other purpose prohibited under the present clause. You agree not to use the website in any way that could compromise the website, the services or the commercial activity of Montreal Distillery.

You also agree not to use the site for the following purposes
a) harass, abuse or threaten others or otherwise violate the rights of any person
b) violate the intellectual property of Montreal Distillery or any other third party
c) download or transmit computer viruses or any other software that could damage the property of Montreal Distillery or any other party
d) commit fraud;
e) create or participate in gambling activities, lotteries or illegal pyramid schemes
f) publish or distribute obscene or defamatory material
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) unlawfully collect information about other users.

8. REVERSE ENGINEERING AND SECURITY

You may not do any of the following:
(a) reverse engineer or disassemble any code or software on or from this site;
(b) violate or attempt to violate the security of the site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

9. INDEMNIFICATION

You agree to defend, indemnify and hold Montreal Distillery and its affiliates harmless from any claim, suit or demand, including attorneys’ fees, arising out of or relating to your use or misuse of the Site, your violation of this Agreement or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.

10. SPAM POLICY

You are strictly prohibited from using the site or any services offered on the site for illegal spamming activities, including collecting addresses and personal information from others or sending mass commercial emails.

11. LINKS AND THIRD-PARTY CONTENT

We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of any third-party services linked to our site.

12. INDEPENDENCE OF CLAUSES

If any clause of these Terms of Use is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

13. SERVICE INTERRUPTIONS

We may need to interrupt your access to the site in order to perform maintenance or unexpected emergency work. You agree that your access to the site may be affected by unplanned or unanticipated interruptions for any reason, and that we will not be liable for any damages or losses arising from such interruptions.

14. NO WARRANTY

While we have made reasonable efforts to ensure that the content of this site is accurate, we do not warrant that such content is error-free, up-to-date or complete. Under no circumstances shall we be liable for any damages that may result from any errors on the site.

We assume no responsibility for any damages caused by the misuse of the content of the site. Furthermore, we cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Neither can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to any services or features of the site that require subscription, you agree to provide accurate and current information about yourself as required by the applicable registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers that you choose or that are assigned to you at the time of registration or subscription on The Montreal Distillery or its partners and to assume responsibility for all activities that occur under such passwords or accounts. Furthermore, you agree to notify us of any unauthorized use of your password or membership account. we shall not be liable, directly or indirectly, for any loss or damage of any kind arising from or relating to your failure to comply with this statement.

You acknowledge that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the site or any of its services, and remove and discard any information or content related to the site or any of its services (and terminate your use of the site or any of its services), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are unsatisfied with The Montreal Distillery or any of its services, or with any of these terms and conditions, rules, policies, guidelines or practices relating to the operation of The Montreal Distillery or any of its services, your only recourse is to stop your use of the site or service in question.

15. PRIVACY

Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.

16. QUESTIONS AND ADDITIONAL INFORMATION

If you have any questions or require additional information, please contact us at: info@distilleriedemontreal.com