TERMS OF USE

 

Last Update: August 8, 2017

 

Welcome to Birreco’s website or app (hereinafter referred to as the “Website”) operated by Birreco Inc. (hereinafter “Birreco” or “we”).

In order to visit and use the Website, YOU MUST BE 18 YEARS AND OLDER and you must abide by certain rules and terms which are set forth in these Terms of Use, which form a binding contract between the visitor or user (hereinafter “you” or the “user”) and Birreco.

Browsing the Website means that you accept to be bound by these Terms of Use. You may prefer not to be bound by these Terms of Use, in which case you must immediately stop browsing or using the Website.

 

Purpose of Website

The Website aims to inform you about the services offered by Birreco and allow you to create your user account, manage it and take advantage of the services and promotions offered by Birreco and its partners.

 

Access to Website

You may access the Website through a standard web browser operating on any platform or through any digital distribution platform. Access to the Website using automated means, such as bots or crawlers, is strictly prohibited, except as provided in a written agreement between you and Birreco. We make no warranty as to the constant availability of the Website, in whole or in part, and we reserve the right to interrupt access to the Website for the general public or for one or several users, for any period of time, at our sole discretion.

 

Our Rights

All content available on the Website, including text, images, drawings, video sequences, audio content, source code and logos is either our exclusive property or is used under appropriate license or permission from the owners, holders or licensees of the applicable rights.

You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sublicence in or sell any interest in any content available on the Website, nor any content obtained through the use of the Website, except as required for personal use of the Website for the purpose set forth in these Terms of Use and in accordance with same.

You are authorized to share some Website content on social media platforms, only through sharing features available on the Website.

We are the exclusive owner of the following trademarks and domain names: Birreco and www.birreco.com. All other trademarks displayed on the Website belongs to our partners or third parties and are used under appropriate licence and no provision herein shall be interpreted as to concede or grant you or any other person any right whatsoever in said trademarks and domain names.

 

Forbidden Use

You may not use the Website to an illegal end or in any way prohibited by these Terms of Use. Without limiting the generality of the foregoing, you are prohibited from making any use or allowing any third-party use of the Website, which would:

(i) violate these Terms of Use; (ii) be illegal, infringing, harmful, threatening, tortuous, defamatory, slanderous, offensive, obscene, invasive of the privacy of a third party, hateful, fraudulent or malicious; (iii) harass or advocate the harassment of another person; (iv) involve the transmission of junk mail or unwanted mass emails (spam); (v) involve the propagation of any malicious computer code, virus, Trojan horse, worm, harmful code, shut-down mechanism or similar code; (vi) promote illegal activities or conduct; (vii) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (viii) interfere with or disrupt in any way the operation of the website or any server or network involved with the operation of the website; (ix) collect or “harvest” the names of other users; or (x) violate any local, national or otherwise applicable law or regulation.

 

Hyperlinks

The Website may contain hyperlinks to other sites or applications owned and operated by third-parties (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by Birreco of any Third-Party Site or any content it may render available.

Terms and policies applicable to websites and web pages related to Birreco (for example, our Facebook, Instagram or Twitter page) may be different from these Terms of Use and in some case could be under the control of third-parties. You should review any such terms or policies before visiting or using related websites or web pages.

 

Accuracy of Content

We strive to provide the most accurate and up-to-date information possible on the Website. However, we cannot guarantee that the content of the Website will at all times be accurate, complete and up-to-date.

Information pertaining to the description, price, promotion, rebates and availability of goods offered through the Website is accurate to the best of our knowledge, but we make no warranty as to the accuracy or exactitude of such information.

 

User generated content

Some features of the Website allow visitors to post content on the Website that can be rendered and render it accessible to the public (the “User Content”). You are fully responsible for any User Content you post on the Website and must make sure that you have all necessary authorizations to publish such content. You represent and warrant to Birreco that you are authorized to share your User Content with the public worldwide and to grant us the license described below. You further warrant that your User Content does not infringe on other people or organisations’ rights, including intellectual property rights.

By posting User Content on the Website, you retain all proprietary rights in and to your User Content, but you grant Birreco a worldwide, royalty-free, irrevocable, transferable and non-exclusive license to use, modify, adapt, translate, commercially exploit, communicate to the public by telecommunication or otherwise any User Content. You hereby waive and irrevocably undertake to waive, in our favor and in favor of our successors and assigns, all moral rights you may hold with respect to User Content.

We reserve the right to delete from the Website any User Content posted in violation of these Terms of Use or if deemed inappropriate at our sole discretion. However, we do not systematically approve User Content before it is posted and will not be responsible for User Content. Be advised that by browsing or using the Website, you may be exposed to inappropriate or illegal content.

 

Visitors’ Suggestions

Where you chose to contact us about improvements to the Website or to the goods and services offered through the Website (such communications being hereinafter designated as “Suggestions”), you authorize us to use the Suggestions without restrictions. You hereby assign in our favour all rights, title or interests in and to the Suggestions, irrevocably waive all moral rights you may hold with respect to the Suggestions and undertake to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You warrant that your Suggestions contain no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Suggestions; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Suggestions; and (iv) you will not be compensated in any way with regards to our use of the your Suggestions.

 

Cookies

We use cookies in order to improve website performance and your experience. Cookies are small files saved on your hard drive by the server hosting the Website or by third-party servers.

Cookies used mainly consist of an identifier that allows your computer to be recognized on your next visits on the Website. Some cookies are deleted after you quit your browser whereas others are kept indefinitely. You may be able to disable the logging of cookies (or certain type of cookies) through your browser settings. If you disable this feature, you will still be able to browse the Website, but your experience may be affected and some features of the Website may be unavailable.

Please refer to our Privacy and Spam Policy to learn more about how we handle the personal information of our visitors and customers.

 

Disclaimer

Although we strive to provide you with the best service possible, your use of the Website and the services provided through the Website are provided “as is” and their use is at your own risk. To the full extent permitted under applicable law, we disclaim any express or implied warranty. Birreco especially disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of title.

We do not warrant that access to the Website and the services provided thereby will be uninterrupted and secure and that content available through the Website will be errorfree, accurate, complete and up-to-date. We further extend no warranty as to the results that may be obtained by using the Website, nor as to the accuracy and reliability of information obtained through the Website.

All material and/or all data uploaded, downloaded, or otherwise obtained through your use of the Website is obtained at your discretion and at your own risk. We do not warrant that such material is free from viruses or any other destructive code that may damage or infect your electronic devices or other property. You will be fully responsible for any damage to your computer or loss of data that may result from downloading and/or uploading such material and/or data.

 

Limitation of Liability

In no event shall Birreco be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any kind whatsoever, including but not limited to damages for loss of use of Data or profits (the “Damages”) arising out of (i) the use or performance of the Website, (ii) purchases from Birreco’s partner merchants, (iii) the accuracy of the information displayed on the Website, (iv) the accuracy of promotions and discounts on the Website, (v) the consumption of any product obtained or purchased on the Website, (vi) any error in the transfer of money to Website users (via Interac or otherwise), or (vii) inability to use the services offered on the Website, should the Damages be based on a contract, an offense, negligence, strict liability or otherwise, even if Birreco was advised of the possibility of such Damages. If you are dissatisfied with any part of the Website, the services offered by Birreco or any of these terms and conditions, your sole and exclusive remedy is to discontinue use of the Website.

 

Indemnification

You agree to indemnify, defend and hold harmless Birreco, its affiliates, directors, officers, shareholders, employees, mandataries and licensors with regards to any claim, loss, damage, responsibility, fees and penalty, including reasonable legal fees and disbursements, arising from (i) your access or connection to the Website, (ii) your use of the Website or the services offered thereby, (iii) any use by Birreco of your User Content, or (iv) any alleged violation of these Terms of Use on your part.

 

Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

 

Dispute Resolution

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Website and the services provided thereby shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

 

Severability

If a provision of these terms of use is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

 

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify these Terms of Use at any time, without prior notice, by posting the modified terms of use on the website. This posting will automatically constitute a notice for your consideration. All modified terms of use take effect immediately at the time of posting, and by continuing to browse or use the Website, you automatically accept the modified terms. A hyperlink to the most recent version of our terms of use is available on the Website and the date of the last modification appears at the beginning of these Terms of Use.

 

Additional Information

Birreco promotes electronic communications. The best way to contact us is to visit the “Contact” section of the Website. For all questions, comments or reactions with respect to these Terms of Use, please send a message to the following address: info@birreco.com