Terms and Conditions

Please read these terms of use prior to using The Wine Guy.

The Wine Guy owns and operates the website and associated services located at https://thewineguy.ca/ “website”. These terms of use apply to all users of the app/website, including users who upload any materials to the app/website, users who use services provided through this app/website, and users who simply view the content on or available through this app/website.

By using The Wine Guy, you represent and warrant that you are at least the age of majority in the province of Ontario and that you are legally capable of entering into these terms of use.

The Wine Guy reserves the right to change these Terms and Conditions, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to using The Wine Guy in order to ensure that you have an understanding of the terms under which you are permitted access to.

Your use of The Wine Guy shall be deemed in acceptance of the terms contained herein. Should you disagree with the terms of use, you must discontinue your use of The Wine Guy.

Intended Audience

The Wine Guy is a commercial site and is not intended for persons under the age of 19. The material on this website is owned or licensed by The Wine Guy and is intended to be viewed by a North American audience.The Wine Guy makes no claim that the information located on The Wine Guy is appropriate or may be downloaded legally from outside of North America.

Subject to the Privacy Policy which restricts the use of personal data, any material, information or ideas that you transmit or post on The Wine Guy by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by The Wine Guy for any purpose it deems appropriate.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law is prohibited.

Access to the materials on this site may or may not be legal by certain persons in certain countries and therefore if this site is accessed from outside of North America you do so at your own risk and are responsible for compliance with the laws in your respective jurisdiction.

The Service

The Wine Guy provides a platform that facilitates the connection between registered users seeking to order alcohol through the app/website. If you use the service to place an order for alcohol delivery, by placing such an order, you represent and warrant that you are at least of legal drinking age in Ontario, which is nineteen (19) years of age.

Account Registration

All information you provide must be accurate and complete. You are fully responsible and liable for the security of your account and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility or liability for any damages arising from or related to any activity occurring under your account.

Payment Information

All payment methods must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further obligation or liability to you. We reserve the right to change the payment methods that we accept at any time.

Prices and Fees

Prices for products are subject to change, without notice. The alcohol prices listed on our app/website may differ from the retail prices charged for such items by the applicable liquor stores. Our prices may be higher or lower than retail prices. Unless otherwise indicated, prices displayed on our app/website are quoted in Canadian dollars. Prices displayed do not include applicable taxes or delivery charges. You are responsible for paying all fees and applicable taxes associated with products you order with a valid payment method. Items in your shopping cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it. Tax charges are based on applicable federal, state, provincial and harmonized sales tax rates based on the delivery address associated with your order.

Limited Refunds

All purchases are final once they’re dispatched to a driver. This is due to the fact that stores do not accept product returns or exchanges at this time due to Covid-19. However we will fix the following mistakes provided that you notify us of the problem within 24 hours of receiving the delivery; please check the contents of your order on delivery for accuracy.

1. If you receive a product that you did not order we will exchange as long as you do not open or tamper. The product must be in saleable condition.
2. If a product you ordered was not available at the store, and there was no substitution, we will provide you with a refund in the amount you paid for such product.

If you received a defective product a receipt is not required for you to return the defective product to the LCBO and The Beer Store.

Product Descriptions and Availability

All products, features, specifications, and prices of products are subject to change at any time without notice. We have made every effort to display as accurately as possible the products that appear on the app/website, however we make no representation as to the completeness, accuracy, or currency of any information on the app/website. We reserve the right to make changes in information about price, description, or availability without notice.

Liquor Delivery Terms

Deliveries may only be completed on certain dates and times according to regulatory requirements. If you request a liquor delivery at a time that we are unable to provide such delivery, your order will be posted for the next available date and time. It is the user’s responsibility to ensure that he or she, or another person who resides at the place of delivery and who is at least 19 years of age, is present at the residential address to receive the alcohol delivery at the selected delivery time (“Eligible Individual”). In order to receive a alcohol delivery, the Eligible Individual may be required present to the driver representative government-issued identification which includes a photograph of the Eligible Individual and states his or her date of birth (“Required Documentation”) for inspection. The driver will accept one of the following as Required Documentation:

• A driver’s licence issued by the province of Ontario with a photograph of the person to whom the licence was issued;
• A passport;
• A Canadian citizenship card with a photograph of the person to whom the card was issued;
• A Canadian armed forces identification card with a photograph of the person to whom the card was issued;
• A secure certificate of Indian status issued by the Government of Canada;
• A photo-identification card issued by the Liquor Control Board of Ontario; and
• A permanent resident card issued by the Government of Canada.

If there is no Eligible Individual to receive the delivery and/or if the Required Documentation is not provided, the driver will not deliver the liquor and may hold the order attempting to deliver later that day.

The Wine Guy reserves the right at all times to refuse delivery for any reason whatsoever, including if:

• The driver is not satisfied that the individual receiving the order at the residential address is an Eligible Individual;
• The driver is not satisfied with the Required Documentation provided to him or her;
• The driver determines, in his or her sole opinion, that the Eligible Individual to be intoxicated or apparently intoxicated;
• The Wine Guy or the driver suspects that the liquor was purchased for or will be consumed by individuals under the legal drinking age; or
• The Wine Guy or the driver is not satisfied that the delivery can be made in compliance with the applicable laws and these Terms of Use.

If delivery is refused, The Wine Guy will provide you with a refund in the amount you paid.

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the app/website by viewers or Users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or Users. This means that the viewer or User, and not The Wine Guy, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. The Wine Guy does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will The Wine Guy be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service. The Wine Guy reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

1. Satisfy any applicable law, regulation, legal process or governmental request,
2. Enforce these Terms of Use, including investigation of potential violations hereof,
3. Detect, prevent, or otherwise address fraud, security or technical issues,
4. Respond to User support requests, or
5. Protect the rights, property or safety of our Users, drivers and the public.

In using the app/website, You shall not copy any content unless expressly permitted to do so herein; Upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; you do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the app/website or that of any Users or viewers of the app/website or that compromises a User’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; Impersonate any person or entity or misrepresent their affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the app/website or impersonate another person or organization; Interfere with or disrupt the app/website or drivers or networks connected to the app/website, or disobey any requirements, procedures, policies or regulations of networks connected to the app/website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; Collect or store personal data about other Users or viewers, without their permission; License, sell, rent, lease, transfer, assign, distribute, or host the app/website; Modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the app/website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or Register for the Service on behalf of a group or corporate entity.

You also agree not to access the app/website in a manner that utilizes the resources of the app/website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this app/website.

License of Content

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. The Wine Guy will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License

Except for User Content, this app/website, and the information and materials that it contains, are the property of The Wine Guy and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, The Wine Guy grants you a non-transferable, non-exclusive, license to use the app/website for your use. Nothing in the Terms gives you a right to use The Wine Guy names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the app/website. Any future release, update, or other addition to functionality of the app/website shall be subject to the terms of these Terms.

Feedback

If you provide The Wine Guy with any suggestions, comments or other feedback relating to any aspect of the app/website and/or Service ("Feedback"), The Wine Guy may use such Feedback in the app/website or in any other The Wine Guy products or services (collectively, "The Wine Guy Offerings"). Accordingly, You agree that:

1. The Wine Guy is not subject to any confidentiality obligations in respect to the Feedback,
2. The Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to The Wine Guy,
3. The Wine Guy (including all of its successors and assigns and any of The Wine Guy Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any The Wine Guy Offerings, and
4. You are not entitled to receive any compensation or re-imbursement of any kind from The Wine Guy or any of the other Users of the app/website in respect of the Feedback.

Advertising

You acknowledge and agree that the app/website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the app/website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that The Wine Guy shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the app/website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the app/website. It is your responsibility to ascertain whether any information or materials downloaded from the app/website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites

This app/website (including User Content) may contain links to other websites that are not owned or controlled by The Wine Guy. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by The Wine Guy of that third party, third party product or service. The Wine Guy is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the app/website of a link to any other website(s) does not imply that The Wine Guy endorses or accepts any responsibility for the content or use of such websites, and You hereby release The Wine Guy from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. While The Wine Guy does not prohibit linking to third party website and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content as set out in these Terms of Use. The Wine Guy reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Release

User acknowledges and agrees that The Wine Guy does not supervise or control interactions between Users and drivers, and because The Wine Guy cannot guarantee the true identity, age, or background of drivers, User agrees that the User bears all risk and the User agrees to release The Wine Guy (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every loss or damage of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with User’s interactions and transactions with drivers or for any acts or omissions by any drivers. User further waives any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Disclaimer of Representations, Warranties and Conditions

The app/website, service, and all materials provided therein are provided "as is." The Wine Guy specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of timeliness, reliability, safety, merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose of any products or goods obtained through the service. any products, goods, information or material obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any loss that results from using any such products, goods, information or material. The Wine Guy does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the app/website or the service, and The Wine Guy shall not be a party to any transaction that you may enter into with any such third party. The Wine Guy will not be liable for any type of content exchanged by means of the service or for any interactions or transactions between users and The Wine Guy representatives or stores.

Limitation of Liability

Under no circumstances shall The Wine Guy be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this app/website or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the app/website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the app/website, or (v) any errors or omissions in any material on the app/website or any other loss or damage of any kind arising from or relating to your use of the app/website. These limitations shall apply even if The Wine Guy has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Wine Guy’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty u.s. dollars ($50) or (b) amounts you’ve paid The Wine Guy in the prior 12 months (if any). the foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

Indemnification

You shall indemnify and hold The Wine Guy and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use, any applicable law or regulation, or any rights of any third party including drivers, or for any losses or damages incurred in connection with your purchase of any liquor using the service including without limitation personal injury and property damage.

Termination

The Wine Guy may, under certain circumstances and without prior notice, immediately terminate Your ability to access the app/website or any portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with The Wine Guy (including, without limitation, non-payment of any fees owed in connection with the app/website or otherwise owed by You to The Wine Guy), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the app/website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the app/website may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by The Wine Guy in its sole discretion and that The Wine Guy shall not be liable to You or any third-party for any termination of Your access to this app/website or for the removal of any of the materials uploaded by You. Any termination of these Terms of Use by The Wine Guy shall be in addition to any and all other rights and remedies that The Wine Guy may have.

Availability & Updates

The Wine Guy may alter, suspend, or discontinue this app/website and/or the Service at any time and for any reason or no reason, without notice. The app/website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. The Wine Guy may periodically add or update the information and materials on this app/website and/or the Service without notice.

Security

Information sent or received over the Internet is generally unsecure and The Wine Guy cannot and does not make any representation or warranty concerning security of any communication to or from the app/website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. The Wine Guy will not be liable for any loss or damage arising from your failure to comply with these requirements.

General

These Terms of Use, together with our Privacy Policy constitutes the entire agreement between the parties relating to the app/website, the Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by The Wine Guy. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use (and any other documents referenced herein) shall be governed by the laws of the Province of Ontario without regard to choice of law principles. The failure of The Wine Guy to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by The Wine Guy must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without The Wine Guy’s prior written consent. We may assign these Terms of Use to anyone at any time.

Alcohol Prices

The Wine Guy is unable to stock and store alcohol in the Ontario region. Because of this, we are limited to picking up alcohol at normal retail prices, rather than wholesale like most common businesses. To help with our businesses expenses, we add a small service fee on-top of retail prices. This allows us to continue to develop our technology, and employ exemplary service representatives able to help you at a moments notice.

Contacting Corporate

If you have any questions about these Terms of Use, or if you wish to make any complaint or claim with respect to the app/website or the Service, please contact us at