Terms & Conditions-ipad

The Beer Store

Terms & Conditions

Updated: Sep 5th, 2024

The terms and conditions (“Terms”) govern your access and use of the thebeerstore.ca website (“Website”), the beercareers.ca website, and The Beer Store mobile application (“App”) (collectively the “Sites”), and the services provided within the Sites.

LEGAL DRINKING AGE NOTICE

The Sites and the services provided therein should not be accessed or viewed by you if you are not of legal drinking age in your country, province, or state (19 and over in the province of Ontario, Canada) for the consumption of alcoholic beverages or if you are in a country, province or state where the consumption of alcoholic beverages or the content of the Sites are not permitted. You acknowledge that eligibility for participation in contests, promotions and other aspects of the Sites may be restricted to Ontario residents of legal drinking age (19 and over).

By accessing, browsing and using the Sites you are agreeing to these Terms.  In addition, by clicking the “I ACCEPT” icon and/or any other button that indicates your acceptance of the applicable terms anywhere on the Sites, for example in registering for a contest or reserving an order through the Sites, you are providing your signature and you are confirming your agreement to the following Terms and/or any other applicable terms and conditions on the Sites to which you have indicated your acceptance by clicking “I ACCEPT” icon and/or any other button that indicates your acceptance. If you do not agree to these Terms, exit the Sites or discontinue your use of the Sites immediately.

Brewers Retail Inc. o/a The Beer Store (“The Beer Store”) may revise these Terms from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.

AGREEMENT TO TERMS

Your use of the Sites may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an “offer or solicitation” where permitted, and only to the extent permitted, by law. The Sites shall not be used where, and to any extent, such use is prohibited by law. Your use of the Sites from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Sites is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Sites due to any restriction, including any age restriction.

ENTRY AT YOUR OWN RISK

By entering the Sites and using the services provided, you acknowledge and agree that your use is at your own risk and that the Sites, The Beer Store, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering the Sites and the services provided are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of the Sites or in connection with any content, information, data, promotions, activities, associated with the Sites, or in connection with your downloading of any materials, text, data, images, video or audio from the Sites, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS

Although the specifications, features, illustrations, equipment and other information contained in the Sites are based upon reasonably current information, and while The Beer Store make reasonable efforts to ensure that the material on the Sites are correct, accuracy cannot be guaranteed and The Beer Store make no warranties or representations as to its accuracy.

The Beer Store rely upon others to provide the information that is included in the Sites without any direct or independent authentication, verification, assessment, and validation by whatsoever. All users of the Sites shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on the Sites. The information included in the Sites does not constitute, and shall not be considered, the advice, recommendation, or endorsement of The Beer Store.

UNLESS OTHERWISE AGREED TO IN WRITING BY THE BEER STORE, THE INFORMATION,  CONTENTS OF THE SITES IS PROVIDED ON AN “AS IS” BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, THE BEER STORE MAKES, NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THE SITES.

COPYRIGHT BELONGS TO THE BEER STORE

The Beer Store are the owners of copyright of the Sites and other intellectual property related to the Sites. No portion of the Sites, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without The Beer Store prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the Sites for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the Sites in any other manner whatsoever and for any other purpose violates The Beer Store legal rights.

INTERNET NOT A SECURE MEDIUM

The Internet is not a secure medium, and neither the privacy of your communications, nor visits to the Sites, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Sites may include incomplete information, inaccuracies or typographical errors. The Beer Store and any other persons involved in the management of the Sites, may make changes in the information and content included in the Sites at any time without notice. The Beer Store shall not be responsible for any detrimental reliance you may place on the Sites or its contents. Except as otherwise provided herein, by entering the Sites you acknowledge and agree that any communication or material you transmit to the Sites, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the Sites may be used by The Beer Store anywhere, anytime and for any reason whatsoever.

UNLAWFUL BEHAVIOUR

Do not use the Sites to communicate to others, to post on the Sites, or otherwise transmit to the Sites, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. The Beer Store and all parties involved in creating, producing or delivering the Sites and its services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.

If the Sites contain bulletin boards, chat rooms, or other message or communications facilities, e-mail, (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:

You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by The Beer Store and Design Lab Inc., and such communications shall not be considered reviewed, screened, or approved by The Beer Store and Design Lab Inc. The Beer Store and Design Lab Inc. reserves the right for any reason to remove at any time without notice any contents of the Forums received from users, including without limitation bulletin board postings. The Beer Store and Design Lab Inc. reserves the right to deny, in its sole and absolute discretion, any user access to this Sites or any portion, including Forums, thereof without notice.

HYPERLINKS

Although the Sites may be linked to other websites, The Beer Store are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated therein. By entering the Sites you acknowledge and agree that The Beer Store have not reviewed all websites linked to the Sites and is not responsible for the content of any off-website pages or any other website linked to the Sites. Your linking to any other off-website pages or other websites is at your own discretion and risk. We encourage you to read the terms and conditions of any website you visit.

REVISION OF THIS PAGE

The Beer Store reserve the right to revise these Terms concerning your future use of the Sites and the services provided through the Sites at any time and for any reason, without notice or obligation, to you.

APPLICABLE LAW

By entering the Sites you acknowledge and agree that the Sites, including contests and any goods and services offered on the Sites, and these contractual Terms, shall be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the Sites and all of the communications, transmissions and transactions associated with the Sites shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario, as the proper and most convenient forum concerning the Sites. If you use the Sites from another jurisdiction, you are responsible for compliance with any and all applicable local laws.

LANGUAGE

English shall be the language of the Sites, and all transactions occurring in connection with the Sites, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Sites et tous les affairs qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.

THE BEER STORE ACCESS CONTROL

We shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of the Sites, including Forums , if The Beer Store determine, in their sole and absolute discretion, that you have not (or The Beer Store have a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this contract.

CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SITES,  OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITES PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

The Beer Store shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sites or by any technical or human error which may occur in the processing of submissions in the Sites. The Beer Store and its partners and agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.

Unless otherwise provided for in these Terms, The Beer Store shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person’s computer related to or resulting from using services or downloading materials in the Sites. If, for any reason, the Sites are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of The Beer Store and its agents   which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sites and the services offered through the Sites,   The Beer Store reserve the right to cancel, terminate, modify or suspend the services or Sites indefinitely.

You agree to indemnify and hold harmless The Beer Store and its agents and partners, and their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the Sites includes obscenity, libel, slander, or infringes upon the third party’s intellectual property or privacy rights, as direct result of your actions in the use of the Sites. You further agree to not knowingly, damage or cause interruption of the services on the Sites; prevent others from using the Sites; or obtain or modify another user’s non-public account information without their consent.

INSTALLATION OF THE BEER STORE APP

The Beer Store App is available on both iOS and Android. Features of the Beer Store App include: using an interactive map to find Beer Stores near your location, adding your most visited Beer Stores to your favourites, viewing store hours, directions and brands carried, browsing over 450+ brands, descriptions and prices, and accessing the Sites.

By downloading or installing The Beer Store App, published by The Beer Store, you consent to the installation of The Beer Store App, further described above and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App. To request removal or disabling of this App, please contact The Beer Store at 280 Sovereign Road, London, Ontario, N6M 1B3, Tel: 1-888-948-2337.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE that The Beer Store App (including any updates or upgrades) may (i) cause your device to automatically communicate with The Beer Store’s servers to deliver the functionality described above and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Policy.

ONLINE ORDERING VIA THEBEERSTORE.CA / THE BEER STORE APP – ADDITIONAL TERMS

The Beer Store offers a service via the Website and the App that allows users to reserve products for pick up, by themselves or by a licensed liquor delivery service  (“LDS”) on their behalf as agent, in participating Beer Store retail outlets (“Online Order”). Users may access Online Order by visiting the Website or from the App available on both iOS and Android. Users of the Website and/or App may browse from a selection of products, choose products to reserve, pay online for those products and then pickup their Online Order at a participating retail outlet or have them delivered via an LDS.

For Online Orders placed on the Website or App that are paid for by you online, title in the products ordered shall transfer from The Beer Store directly to you once the products making up your online order leaves the physical possession of The Beer Store. For clarity, damage to any of the products making up your Online Order and/or where such products are lost or stolen between the time the LDS picks up the products and the LDS delivers to you, shall be the responsibility of the third-party service provider who dispatched the LDS and shall include all applicable fees. 

The following additional terms apply to your use of The Sites.

CREATING AN ACCOUNT

In order to use online ordering via the Website or App, you can place orders as either a guest ("Guest”), or you can create an account (“Account” or “Accounts”). Accounts will save your preferences and allow you to place future orders more quickly.

You may never use another person’s account for the purposes of placing an Online Order. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure.  Although The Beer Store will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of The Beer Store or others due to such unauthorized use.

PRICING

The Beer Store strives to provide accurate information about its products, services and any related pricing, but errors may occur. Effective as of September 5th, 2024, the advertised pricing for beer, and ready to drink products will exclude HST and container deposit. At point of sale, HST and applicable container deposit will be added to the final price customer pays. The Beer Store reserves the right to correct any errors in relation to its availability of products, services or regarding pricing and to modify at any time, without prior notice. For Online Orders, The Beer Store cannot confirm prices until after you reserve a product through the online checkout process at which point the final price customer pays including HST and container deposit is stated. Customer will also receive a reservation confirmation by email. Prices quoted are payable in Canadian dollars.

BILLING AND PAYMENT METHODS

In order to use the Website or App’s pick-up and/or online home delivery service, you will require a valid credit card. The cardholder and the Guest or Account holder must be one and the same person. In order to make a reservation through the Website or App, your credit card information will be collected by our third party payment processor (“Payment Processor”); however, the Payment Processor will only complete the sale and process your credit card once you pick up your reserved product at the specific retail location on pick-up day whether in-store or by curbside pickup, or in the instance where you are placing an Order Online for home delivery, at checkout pending your confirmation of payment. Your credit card will be charged the advertised price in your reservation confirmation and receipt and the same applies to Online Orders for delivery. The terms of sale for your reserved product are those applicable to all in-store purchases as may be supplemented by these Terms and any terms on the confirmation of your reservation and receipt.  

Where you place an Online Order on the Website or App for delivery, you will be prompted to provide your contact and delivery information and then prompted to pay for your order online in order for it to be dispatched to an LDS for delivery to you. For the avoidance of doubt, where you provide a tip for the delivery of your Online Order to the LDS, 100% of the tip shall go to the delivery person.

The Website and App, through a Payment Processor collects and authorizes your credit card information making checkout by you at The Beer Store quick and easy. ALTHOUGH USERS OF THE WEBSITE AND APP MAY RESERVE PRODUCT THROUGH THE WEBSITE OR APP, THE PURCHASE AND COLLECTION OF ANY PRODUCT WILL BE CONDUCTED AND COMPLETED SOLELY WITHIN A PARTICIPATING RETAIL LOCATION OF THE BEER STORE.

PICK-UP BY USERS OF THEBEERSTORE.CA / THE BEER STORE APP

The Beer Store will send the Guest or Account holder an email to confirm a reservation is ready for in-store or curbside pickup. All reserved product must be picked up prior to the close of business on the pick-up day. Reserved product that is not picked-up by close of business of the pick-up day will be canceled.

The Guest or Account holder must be the individual to pick-up his or her reservation. The Guest or Account holder must not be or appear intoxicated at time of pick-up (determined at the sole discretion of The Beer Store staff at the applicable participating Beer Store location). Guest or Account holder must present a valid, piece of government issued photo identification. The following are items that are accepted at The Beer Store as forms of identification: Passport, Driver’s License with photo, B.Y.I.D Card, Military Issue I.D. with date of birth and photo, Government Issue I.D. with date of birth and photo and Health Card with photo. You will be refused service and your reservation will be cancelled without any liability to The Beer Store if you are not of legal drinking age and/or if you are or appear to be intoxicated.

SOCIAL RESPONSIBILITY

Through our “We ID 25” program, The Beer Store require that our staff and licensed LDS ask for ID from anyone who appears to be 25 years old or younger. However it’s not just minors that we are watching out for – we will refuse services to those who appear to be intoxicated. In 2023, almost 1.5 million customers were asked for age identification or challenged for intoxication and approximately 22,419 individuals were refused service.

The Beer Store is proud of our long history as partners of arrive alive DRIVE SOBER® ( http://www.arrivealive.org ) program, which encourages drivers to plan ahead, drink responsibly, use designated drivers, take cabs or stay overnight.

TERMS OF RESERVATION FOR DELIVERY SERVICE

The Beer Store does not itself deliver products to home consumers and does not charge any fees for reservation services rendered. By completing a reservation through the Website or App, the Guest or Account holders authorizes The Beer Store to forward the reservation, through a third-party technology service provider, to an LDS licensed by the Alcohol and Gaming Commission of Ontario (AGCO) to deliver liquor to home consumers.

At confirmation of your reservation, payment for your Online Order including tip at customer’s discretion is collected by The Beer Store when you place an order directly on the Website or App. For greater certainty, the assigned LDS must be the individual who picks-up reserved products making up an Online Order. The LDS must not be intoxicated at time of pick-up (determined at the sole discretion of The Beer Store staff at the applicable participating Beer Store location) and must provide identification matching the LDS assigned to the reservation and receiving the Online Order from the customer.

Upon delivery of the reserved product, the Guest or Account holder must be the individual who made the reservation, must not be or appear to be intoxicated and present a valid, piece of government issued photo identification. The following are items that are accepted at Beer Store as forms of identification: Passport, Driver’s License with photo, B.Y.I.D Card, Military Issue I.D. with date of birth and photo, Government Issue I.D. with date of birth and photo and Health Card with photo. You will be refused service and your reservation and delivery will be cancelled without any liability to The Beer Store or the LDS if you are not of legal drinking age and/or if you are or appear to be intoxicated.  Guest or Account Holder shall be responsible for all applicable delivery fees and shall not be entitled to a refund of such, due to order cancellation, if it is determined that they are not present to receive the order, not the legal drinking age, and/or found to be intoxicated.

PRIVACY AND SECURITY

The privacy and security of your personal information is important to The Beer Store. Secure Sockets Layer (“SSL”) technology is used to protect the security of your credit card information as it is transmitted and processed.  SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet. 

To learn more about how The Beer Store manage personal information, please read our Privacy Policy.

CONTACT

The Beer Store appreciate your interest in our Sites, products and services, and for reading these Terms. If you have any questions about these Terms or concerns regarding all services described hereunder, please contact us.