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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.
REGISTRATION
OBLIGATION
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.
TRADE-MARKS
"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 lcboweb@lcbo.com
for link requests to www.lcbo.com, www.lcbotrade.com and www.lcbogifts.com or vintages@lcbo.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.
INDEMNITY
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
d. your breach of any of these
Terms of Use, the Terms and Conditions
of Sale, the Privacy
Policy and Security Statement
or the Customer Agreement or any
rule, regulation, guideline or policy
of LCBO as may be established and
changed from time to time and posted
on the Website.
DISCLAIMERS
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.
LIMITATIONS
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
PRIVACY
POLICY & SECURITY STATEMENT
The LCBO is committed to protecting
the privacy and confidentiality of
its customers' personal information.
This Privacy Policy & Security
Statement explains how the LCBO will
ensure the confidentiality and privacy
of the personal information you furnish
to the LCBO.
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.
The LCBO 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.
LCBO uses the information generated
through the use of cookies to, for
example, estimate the number of people
that 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 LCBO about user interests and
behaviours, which can, in turn, 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
The LCBO uses personal information
about you and your use of the Website
to:
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process,
verify, and deliver your orders; |
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better understand your product
preferences; |
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track and analyze trends and
patterns; |
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administer the AIR MILES® Rewards Program including the awarding of reward miles to customers for purchases and/or for completing online surveys;
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administer ballots for contests,
draws and raffles; |
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conduct information and
education programs such as
tutored tastings and wine
appreciation series; |
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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.
PRIVACY
POLICY AND SECURITY STATEMENT - PART
OF CUSTOMER AGREEMENT
Liquor Control Board of Ontario ("LCBO")
reserves the right to change this
Privacy Policy & Security Statement
by posting a changed Privacy Policy
and Security Statement on its Website
(the "Website"),
and you are advised to review the
Website regularly for any changes.
This Privacy Policy & Security
Statement was last updated on July 27, 2005. This Privacy Policy and Security
Statement, as may be changed from
time to time, also constitutes part
of the Customer Agreement and is subject
to the provisions of the Customer
Agreement as may be changed from time
to time.
CONTACTING
US
If you have any questions concerning
this Privacy Policy and Security Statement,
please contact us at:
Freedom of Information and
Protection of Privacy Office
55 Lakeshore Blvd. East
Toronto, Ontario, M5E 1A4
Telephone: 416 864-2462
Fax: 416 864-6854
E-mail: foi.privacy@lcbo.com
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.
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