Arterra Wines Canada Terms of Service

Version: September 22, 2022

These Terms of Service (the “Terms”) related to your use of any website or other online service or platform of Arterra Wines Canada, Inc., or any of its companies, including without limitation the Wine Rack, RJS, Great Estates Niagara and Great Estates Okanagan websites and our other websites (collectively, “Arterra”), that provides an authorized link to these Terms (collectively, the “Services”), as well as our interactions with you on third party platforms.

1. Agreement

The Terms are a binding legal contract between you and Arterra. Please read the Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. Do not use the Services if you do not accept the Terms.

We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be of legal drinking age in your jurisdiction of residence in Canada to use the Services.

These Terms contain provisions that limit the liability of Arterra.

2. Privacy

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

3. Registration and Security

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. Arterra has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify Arterra of any unauthorized use of your password or username or any other breach of security.

4. Prohibited Content and Activities

You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:

• Impersonate any person or entity, or misrepresent your credentials or any information you provide;
• Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
• Harvest or otherwise collect or store any information (including personal information) about other users, including e‑mail addresses, without the express consent of such users;
• Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
• Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
• Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password‑guessing programs, cracking tools, or network probing tools);
• Use another's information, account, or password, except as expressly permitted;
• Take any action that imposes an unreasonable load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems;
• For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or
• Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

5. Intellectual Property

All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “Arterra Content”) is the property of Arterra. You may use the Services and print copies of Arterra Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.

• Copyright and Other Intellectual Property Rights. You agree that all copyrights and other intellectual property rights related to the Services are owned by Arterra or its third‑party licensors as permitted under applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Arterra Content.
• Trademarks. You acknowledge and agree that all Arterra logos and marks as well as other proprietary materials depicted in connection with the Services and the Arterra Content are the property of Arterra and may not be used commercially without the prior written consent of Arterra.
• Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide us with the following information in writing to our Contact Information below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number, and email address, so that we may contact you if necessary;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, that you represent and warrant that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Social Media Integration

The Services may offer opportunities for you to transmit content via third‑party social networking websites and products. Any use of third party social networking features is subject to the terms of use of the applicable third‑party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

7. User Submissions

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:

• Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
• Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;
• Violates any person or entity’s right to privacy or publicity;
• Contains advertising or a solicitation of any kind;
• Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
• Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
• Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
• Violates any applicable law, or advocates illegal activity.

If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty‑free, irrevocable, perpetual, non‑exclusive, worldwide, fully sub‑licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

If you are under the legal drinking age in your jurisdiction of residence, you may not provide any User Content to us.

8. Links and Third Party Content

The Services may contain links to other websites or online services that are not under the control of Arterra. Such links do not constitute an endorsement by Arterra of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third‑party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that Arterra assumes no liability with respect to your use of such third‑party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by Arterra.

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

9. Wine Clubs

Subscribers to Arterra’s wine clubs are subject to the terms and conditions of each wine club and their subscription packages, which may include but are not limited to the Great Estates Niagara, Great Estates Okanagan, Inniskillin and Jackson-Triggs Wine Clubs.  These terms and conditions may be updated from time to time on the Wine Club websites. Please check the websites directly for current terms and conditions, or contact the wine clubs directly or at the Contact Information below if you have questions about subscriptions packages or your wine club membership.

10. Disclaimer

The material on our Services could include technical inaccuracies or other errors. Your use and browsing of our Services is at your risk. Neither Arterra Wines Canada, Inc. or its affiliates, nor any other party involved in creating, producing or delivering the website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the website. Arterra does not warrant that the functional aspects of the website will be uninterrupted or error free, or that this website or the server that makes it available is free of viruses or other harmful components. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Arterra reserves the right to make changes to this website at any time without notice.

11. Termination

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Arterra is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and Arterra reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Otherwise applicable sections of these Terms shall survive termination. Arterra also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the Arterra Content.

12. Governing Law

Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to all legal disputes between you and Arterra. These Terms are governed by the laws of Canada and the province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other provinces, countries, territories, or jurisdictions.

13. Indemnification

You agree to indemnify, hold harmless, and defend Arterra, its affiliates and licensors, and each of their respective officers, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable legal fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. These obligations will survive any termination of these Terms.

14. Integration, Severability and Waiver

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between Arterra and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

15. Gift Cards

By using your Wine Rack Gift Card (“Gift Card”), you agree to the terms and conditions set out below. The terms and conditions herein will govern the use of the Gift Card.

Purchasing

The Gift Card can be purchased only in Wine Rack stores and have a set amount of either $25 or $50 per card.  The Gift Card is non-reloadable in-store. The Gift Card has no redeemable value until purchased and activated. For activation issues, please return the Gift Card to the original place of purchase or contact us using our Contact Information set out below.

Redemption

The Gift Card is only redeemable by consumers 19 years of age and older at participating Wine Rack, Jackson-Triggs Niagara Estates, Inniskillin Niagara Estates and Sandbanks Winery retail locations in the province of Ontario. The Gift Card is not valid for online redemption and cannot be used online or at colo-type Wine Rack stores located inside grocery stores.

The Gift Card can be presented as payment towards the purchase of merchandise at the participating retail locations. The Gift Card can be combined with other forms of payment. Purchases will be deducted from the Gift Card until the value reaches zero. Proof of purchase must be retained.

Terms and Conditions

The purchase, use or acceptance of the Gift Card constitutes acceptance of the Gift Card terms and conditions herein. Use of the Gift Card is subject to the terms and conditions governing its use, which may be amended by Arterra from time to time at its discretion. The Gift Card terms and conditions form a part of and incorporated into the Terms of Service and Privacy Policy that can be found on the www.winerack.com website.

The Gift Card should be treated like cash. The Gift Card cannot be recovered or replaced if lost or stolen. The Gift Card has no implied warranties and is not a credit or debit card. The Gift Card cannot be refunded, re-sold, transferred for value, redeemed for cash, except to the extent required by law, and cannot be used for the purchase of other gift cards. The Gift Card is not a negotiable instrument.

Arterra makes no warranties, either express or implied, with respect to the Gift Card, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event that the Gift Card is non-functional, the sole remedy shall be the replacement of the Gift Card with a gift card of equal value to the remaining balance of the non-functional Gift Card. The Gift Card does not expire, and no additional fees will be charged upon activation, service, dormancy or inactivity.

Resale of the Gift Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

Termination

Arterra reserves the right to suspend or terminate the Gift Card or limit any or all of the rights and privileges granted herein at any time without notice or liability. Such termination may result from fraudulent or unauthorized use of the Gift Card.

16. Accessibility Plan

View our Multi-Year Accessibility Plan

17. Contact Information

Please contact Consumer Inquiries at:

Arterra Wines Canada, Inc.

441 Courtneypark Drive East
Mississauga, ON L5T 2V3
Canada

Phone: 1 (877) 919-7587

Email: consumer.help@arterracanada.com