The following terms and conditions govern your use of the www.lcbo.com, www.vintages.com, www.lcbotrade.com, www.lcbopinion.com and www.lcbogifts.com websites (the "Website") which are owned by Liquor Control Board of Ontario (the "LCBO"). LCBO reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the Website, and you are advised to review the Website regularly for any changes. These Terms and Conditions of Use were last updated on July 27, 2005. 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.
If you choose to register with LCBO for the purchase of goods, you agree to: (a) provide on-line true, current 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 and sound are owned by, and protected by copyrights and other proprietary rights in favour of, LCBO 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 LCBO. You may print, in hard copy, portions of the Website only for the purpose of placing an order with LCBO.
"LCBO", "VINTAGES", "VINTAGES Cellar Direct", "VINTAGES Cellar Direct (VCD)" and related words and logos are official marks, trade-marks or trade-names of LCBO in Canada. LCBO is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. 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 LCBO. The names of other companies, products and 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 LCBO 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.
Outbound Linking Policy
Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Website does not constitute an endorsement, recommendation or certification by LCBO, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with LCBO.
Inbound Linking Policy
LCBO generally does not object to links to our web site from third party sites. However, there are certain conditions that must be followed:
Unless LCBO enters into a specific written agreement with you, you may not use any of our names, logos, designs, slogans, or marks in or with your links, except that you may link to the Website using the plain text names: LIQUOR CONTROL BOARD OF ONTARIO, LCBO or VINTAGES.
Do not present the link to the Website in any way that suggests LCBO has any relationship or affiliation with your site or in any way that endorses, sponsors or recommends the information, products or services on your site. Use of any of LCBO's names, logos, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without LCBO's written permission for a particular use is strictly prohibited.
You may link only to the home page of the Website. Do not incorporate any content from the Website into your site (e.g., by in-lining or framing) without the express written consent of the LCBO.
Before creating your link to the Website, you must e-mail the LCBO at firstname.lastname@example.org for link requests to www.lcbo.com, www.lcbotrade.com and www.lcbogifts.com or email@example.com for link requests to www.vintages.com.
Use of any of LCBO's names, logos, designs, slogans, or marks, or any other words or codes identifying the Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without LCBO's written permission for a particular use is strictly prohibited.
LCBO is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
LCBO reserves the right in its sole discretion to order you to delete or modify your link to the Website for any reason.
The link to the Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect LCBO's name, reputation or goodwill.
The linking of your web site to the Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold LCBO 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:
a. your infringement of any LCBO 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;
b. 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;
c. your use of the Website; and
YOU UNDERSTAND AND AGREE THAT:
A. USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. LCBO DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LCBO 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. LCBO WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
B. THE DOWNLOADING OF MATERIALS FROM THE WEBSITE IS DONE AT YOUR OWN RISK. LCBO DOES NOT AT ANY TIME 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.
IN NO EVENT SHALL LCBO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS 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. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LCBO 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 IF 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.
Liquor Control Board of Ontario
Collection of Personal Information
All personal information collected on LCBO websites www.lcbo.com, www.vintages.com, www.lcbotrade.com, www.lcbopinion.com and www.lcbogifts.com (the "Website") is collected under the authority of the Liquor Control Act, R.S.O., 1990 c.L. 18 and is only collected when you voluntarily provide it. Personal information about you is collected when you register to become a user on any LCBO Website or when you purchase goods. Such information may include your name, address, e-mail address, payment/credit card information, and password. From time-to-time, you may choose to provide further personal information by responding to customer surveys.
Use of Personal Information
The LCBO uses personal information about you and your use of the Website to:
(i) process, verify, and deliver your orders;
(ii) better understand your product preferences;
(iii) track and analyze trends and patterns;
(iv) administer the AIR MILES® Rewards Program including the awarding of reward miles to customers for purchases and/or for completing online surveys;
(v) administer ballots for contests, draws and raffles;
(vi) conduct information and education programs such as tutored tastings and wine appreciation series;
(vii) comply with any legal and regulatory requirements.
Your personal information will not be used to place you on any mailing lists, nor will your information be released to any third party, except as you may specifically authorize, or except as may be authorized by law.
LCBO 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, aggregated information shows user behaviour as a whole (for example, LCBO might compile personal information in order to calculate the number of users living in certain geographic areas). Aggregated information is used in order to market and promote the Website and may be disclosed to third parties.
How Your Information is Secured and Protected
When you provide the LCBO 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 the LCBO's own server. Only when it reaches the LCBO server is your information decrypted.
Recognizing that your privacy is important to you, LCBO employs technical security measures to protect your personal information. However, no transmission over the Internet can be guaranteed to be completely secure. Consequently, LCBO does not represent, warrant, covenant or guarantee the complete security of the personal information you provide to LCBO and does not accept any liability for personal information submitted to LCBO which is misappropriated, inadvertently disclosed, misused, lost or altered despite the security measures which LCBO 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
You consent to our collection from, verification with, communication to, any third party and our use of, your personal information for these purposes. LCBO 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 LCBO may disclose your personal information to: (i) any person who, in our reasonable judgement, 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 LCBO to enforce our legal rights against you, if the personal information is required for, and is to be used only for that purpose.
In addition, LCBO may disclose your personal information: (i) if a law (including the Freedom of Information Act), regulation, search warrant, subpoena or court order legally requires LCBO to do so; (ii) if the rights or property of LCBO, third party service providers or the users of the Website are in jeopardy, including but not limited to being the subject of any claims, demands, suits or actions for damages or liability; and (iii) if the personal safety of users of the Website or other members of the public are in jeopardy.
Freedom of Information and Protection of
55 Lake Shore Blvd. East
Toronto, Ontario, M5E 1A4
Telephone: 416 864-2462
Fax: 416 864-6854
The LCBO will make reasonable efforts to update or correct your personal information when you request it as long as it does not compromise LCBO's privacy or security interest. It must also be understood that it may not be possible to completely delete your information without some residual information remaining.