TERMS OF USE

 

Last Update: August 28, 2019

Welcome to the Birre & Co application (theApplication“) which is operated by Birreco Inc. (“BirreCo” or “we“). To use the Application and the services that are offered by Birreco through the Application (the “Services“), YOU MUST BE OF THE LEGAL AGE TO CONSUME ALCOHOLIC DRINKS IN YOUR PROVINCE and you must comply with certain terms, conditions and rules that are explained in these Terms of Use.

As a user (whom we will refer to as “you” or “the user”), you accept these Terms of Use by using the Application or Services. This constitutes a contract between you and BirreCo. If you do not wish to be bound by these Terms of Use, you must stop using the Application and Services.

 

1. Permitted use

The Application and Services allow you to learn about products offered by brewers and retailers and take advantage of certain promotions. We may also offer you content depending on where you are located, if you allow the Application to access your location data.

You must be of legal drinking age in the province in which you are located to use the Application. You are authorized to make personal use of the Application on a mobile device running on the iOS or Android operating system. You may not access the Application by automated means or from another system or platform. The Application and Services may not be used for commercial purposes.
We may, at our sole discretion, interrupt or cancel your access to all or part of the Services for any reason, including, without limitation, non-compliance with the Terms of Use. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your access to the Services.

 

2. User account

To use the Application and Services, you must create a user account.

Only individuals 18 years of age or older can create a user account. You guarantee that the information entered to create your account is true and accurate.

You are fully responsible for your account and any action taken or action taken from your account. You may not share your account with any other person or company and you must keep your password confidential.

 

3. Our content

The content available through the Application and Services is our property or is used under license. We do not guarantee that this content does not infringe any intellectual property rights of others.
You may not use, modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish, or sell any part of the Application, Services or content included in the Application or obtained through the Services other than for personal use of the Application in accordance with these Terms of Use. You may not license or sub-license the Application, the Services or the content available through the Application or the Services without our prior written consent.

You may not use any photos, text, logos or trademarks reproduced in the Application or available through the Services other than by using the sharing features of the Application in a personal, non- commercial manner.

 

4. Personal data

We collect personal data through the Application. To use the Application and Services, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these terms of use, you declare that you have read this policy and give us your consent.

The collection and processing of certain data is subject to your specific consent, which may be withdrawn at any time, as outlined in our policy.

 

5. Rewards Program

The Application allows you to participate in a rewards program (the “Program“). The Program allows you to accumulate points and redeem them for rewards and cash back. Your participation in the Rewards Program is subject to the following terms and conditions.

 

5.1. Definitions of the terms

Participating Products” refers to the products displayed in the Application that allow Points to be accumulated at the time of purchase;
Participating Retailer” refers to an authorized retailer of Participating Products;
Points” refers to units redeemable for Rewards;
Reward” refers to an exchangeable product or service;
Promotion” refers to a Birreco offer that allows you to earn points through a purchase or according to the terms set out in the Application.

 

5.2. Points

Subject to the conditions set out below, you may earn points in the following ways:

(a) By selecting a promotion available in the Application after purchasing Participating Products from a Participating Retailer and scanning your receipt of purchase using the Application;
(b) by participating in another promotion available on the Application, including by using a promotional code;
(c) By submitting a receipt for the purchase of Participating Products to a Participating Retailer for a given period of time as determined by Birreco;

 

5.3. Purchases and Receipts

To earn Points through a promotion associated with the purchase of Participating Products, your receipt must be legible, and we must be able to validate your purchase and receipt with the Participating Retailer. Points accumulated by means of a receipt are first provisionally accumulated until they are validated by BirreCo. Points provisionally accumulated cannot be redeemed for a Reward. If we are unable to validate that you have met the conditions applicable to a promotion, the Points temporarily accumulated will be cancelled and you will not receive the Points associated with that promotion.

The same purchase cannot be used to accumulate points by using the same promotion more than once.

Earning Points through a promotion associated with the purchase of a specific product may be subject to terms and conditions specific to that promotion, which are then indicated in the Application at the time you take utilize the promotion. By utilizing the promotion, you agree to these additional terms and conditions.

 

5.4. Rewards

Points are redeemable for Rewards only following the Terms of Use and the rules applicable to the Program. You do not have the right to redeem your Points for cash or any other value other than strictly provided in these Terms of Use.

Available rewards are subject to change without notice. Unless otherwise specified in the Application, Birreco reserves the right to withdraw any Reward from the Program at its sole discretion, and at any time.

In addition to the public policy guarantees provided by law, all Rewards are provided without any guarantee and redeeming a Reward is entirely at your own risk.

Some Rewards are subject to specific terms and conditions that you must accept before selecting this Reward.

Some Rewards are offered in limited quantities, the selection of a Reward is only confirmed when we send you an order confirmation email indicating that a Reward is shipped or available. If we are unable to provide you with a Reward you have selected for any reason, the Points redeemed for that Reward will be returned to your account.

 

5.5. Delivery and returns

The number of Points required to earn a Reward includes the cost of shipping to an address in Quebec or Ontario, if applicable. No delivery will be made to a post office box or address outside Quebec or Ontario.

Delivery is made by third parties over whom we have no control. Approximate delivery times are for information purposes only and we do not guarantee that delivery will be made within a given time frame.

No return of a Reward is accepted unless the shipped merchandise is defective or damaged during shipping. To initiate a return, you must write to us at cheers@birreco.com within 10 days of receipt of the merchandise.

 

5.6. Experiences

Experiential Rewards are in some cases provided by third parties and are then subject to specific terms and conditions determined by these third-party providers.

Transportation, accommodation and travel reservations are made by a travel agent with the appropriate permits. Any transaction relating to these elements is carried out directly between you and the travel agent, to which Birreco is completely excluded and cannot be held liable in any way.

 

5.7. Conditions applicable to cash back

You can redeem your Points for a $20 cash back. Points have no monetary value and cannot be exchanged for a different amount of cash back.

Cash rebates are made by means of transfers to Interac™ addressed to the email address or mobile phone number registered in the Application at the time of confirmation of the cash back. You are entirely responsible for correctly entering your mobile phone number or email address and protecting access to your email account or mobile phone. Transactions by bank transfer Interac™ are not revocable and you alone will have to bear the losses resulting from an error in entering your information or unauthorized access to your email account or text messages sent to your mobile phone number.

You are fully responsible for any taxes that may be levied on the amount of the cash back or that may result from the payment of the cash back. We make no representation regarding the accounting or tax treatment of such discounts and it is your sole responsibility to ensure compliance with any applicable law in this regard. To the extent that tax was to be levied on the amount payable as a cash rebate, the amount of such tax is deemed to be included in the amount paid as a cash rebate.

 

5.8. Prohibited activities

You make a commitment to us not to:

(a) Attempt to collect Points by fraudulent means;
(b) Attempt to earn Points several times with the same purchase;
(c) Attempt to earn Points by making a purchase that you have not made;
(d) Obtain a refund from a retailer after accumulating Points through a purchase, except for legitimate reasons;
(e) Use a ploy to circumvent the rules of the Program;
(f) Submit inaccurate information about products through the Application, including for the purpose of accumulating Points.

 

5.9. Inactivity of the account

Your account is considered inactive if no transactions (Points accumulation or redemption of Points for a Reward) are made for a period of 12 months or more.
If your account becomes inactive, we will send you a written notice by email, indicating that if you do not complete a transaction within 30 days of receiving the notice, the Points accumulated in your account will expire. If no transactions have been made in your account before the deadline expires, all Points associated with your account will automatically be deemed expired and will no longer be eligible to be redeemed for Rewards.

 

5.10. Program Modification

Subject to the following conditions, we may change the following terms and conditions of the Program at any time, at our sole discretion:

(a) The number of Points required to earn a Reward;
(b) The conversion factor between Points and cash back;
(c) The cost of purchasing additional Points;
(d) The ways in which you can earn Points;
(e) Our obligations with respect to the Rewards;

If we make changes to the terms and conditions applicable to the Program, we will send you written notice by e-mail setting out the changes at least 30 days and no more than 90 days before the changes come into effect. The terms and conditions of the Program will remain unchanged until the amendments come into force. You will always have the option to withdraw from the Program before the changes come into effect.

 

5.11. Exclusion from the Program
If you fail to comply with your obligations under these Terms and Conditions or if you breach any applicable provisions of the Program, we may terminate your participation in the Program, in which case your Points will be cancelled and your user account will be closed.

 

6. Advertising and promotions

The description and price of the products represented in the Application are for informational purposes only. We do not warrant that the features and prices displayed are error-free, up-to-date and accurate. Transactions for the purchase of products from retailers are exclusively between you and the retailer.

 

7. User-generated content

The Application allows you to create content, in the form of words, images, sounds or otherwise, that will be accessible to users of the Application or the public through the Application and on the Web (which we will call “User Content”). You are responsible for any User Content that you publish using the Application or Services. You must ensure that the content you publish complies with the law and respects the rights of others, if applicable. You warrant to us that you are authorized to share your User Content with the public, anywhere in the world, and more specifically, that such content does not infringe the rights of other persons or entities, including their intellectual property rights.

You grant us a non-exclusive, universal, royalty-free, irrevocable and assignable license to reproduce, represent, use, modify, adapt, translate, transform, commercially exploit and communicate to the public, by telecommunication or otherwise, any User Content. You waive and irrevocably undertake to waive, in our favor and in favor of our successors and assignees, the exercise of the moral rights you hold and may hold in any User Content.

We may delete any User Content that does not comply with these Terms of Use or that we consider inappropriate in our sole discretion. However, we do not systematically monitor User Content shared through the Application and we do not assume any responsibility for User Content made available through the Application. By using the Application, you may be exposed to inappropriate or illegal content.

 

8. Suggestions for improvement

If you choose to contact us about improvements to the Application or Services or about new products and services (we will call these communications “Suggestions“):

(a) we will be entitled to use the Suggestions without restriction, without any obligation to consult you or to pay you;
(b) you irrevocably assign to us all right, title and interest you may have in the Suggestions and waive all moral rights in the Suggestions;
(c) you guarantee that your Suggestions do not contain confidential information that you are not authorized to disclose.

 

9. Prohibited use

You are not permitted to use the Application or Services for any purpose that is unlawful or not expressly permitted under these Terms of Use. You agree to comply with all laws and regulations applicable to you in connection with your use of the Application or Services.

Without limiting the generality of the foregoing, you are prohibited from using the Application or Services or allowing a third party to use the Application or Services to:

(a) Participate in the transmission of junk mail, or unwanted mass emails (spam);
(b) Send or disseminate any malicious or harmful computer code;
(c) Encourage illegal activities or conduct;
(d) Request passwords, or other confidential information from other people;
(e) Interfere with or disrupt the operation of the Application or Services or any server or network involved in the operation of the Application or Services;
(f) Systematically collect personal information about other users;
(g) Participate in business activities or carry on a business;
(h) Distribute or make available to the public the information and content available through the Application or Services;

 

10. External links

The Application contains links to websites or other mobile applications owned and operated by third parties. We have no control over these sites and are not responsible for their content. We link to external sites only to facilitate navigation and the availability of a link does not mean that we endorse the content of a website.

The websites and pages linked to the Application (e.g. Birreco’s Facebook page) are governed by their own terms and policies and these may differ from these Terms of Use and may not even be under our control. We encourage you to review the applicable terms and policies before visiting and using these linked websites or pages.

 

11. No guarantee

You acknowledge that your use of the Application and Services is at your own risk. The Application and Services are provided “as is” and without warranty of any kind, whether express, implied or implied.

We do not warrant that access to the Application and Services will be uninterrupted and secure and that the content available through the Application and Services will be error- free, accurate, complete and up-to-date. More specifically, we cannot guarantee the accuracy of information relating to the characteristics, availability and prices of the products displayed through the Application.

 

12. Limitation of liability

To the extent permitted by law, you agree that in no event shall Birreco, its directors, employees or officers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any kind, including, without limitation, damages for loss of use of data or profits, resulting from the use or performance of the Application, Services or the inability to obtain or use them. If you are dissatisfied with all or part of the Application, or with any of the terms of these Terms of Use, your sole and exclusive remedy is to discontinue using the Application and Services.

 

13. Indemnification

You agree to indemnify Birreco, its affiliates, directors, officers, shareholders, employees, agents and licensors from and against any and all damages, claims, liability, losses, costs, claims, fines, penalties and liabilities, including reasonable legal fees and expenses, resulting from (a) your use of the Application or Services, (b) any alleged breach by you of these Terms of Use or (c) your User Content.

 

14. Duration and end date

The contract created by these Terms of Use remains in effect for as long as you use the Application or Services. Subject to the specific terms and conditions of the Program, we may terminate this agreement at any time by notifying you by email. You may not terminate this agreement and continue to use the Application and Services and participate in the Program.

 

15. Assignment

You may not assign your rights and obligations under these terms and conditions. We may assign our rights and obligations to a third party by notifying you by email.

 

16. Notices

Any notice required or permitted to be given under these Terms and Conditions must be given in writing by means of an e-mail message, in the case of Birreco, to the following address avis@birreco.com and in the case of a user, to the address registered in their user account at the time of sending the notice, in which case a notice shall be deemed to be received on the business day following the day of sending.

 

17. Applicable law

These terms and conditions and all related transactions shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Any dispute or controversy relating to the use of the Application or these Terms of Use must be submitted to a competent court of the Province of Quebec sitting in the judicial district of Montreal, at the exclusion of any other jurisdiction.

 

18. Modification

Subject to the provisions specifically applicable to the Reward Program, we may modify these Terms of Use at any time by making the modified Terms of Use available on the Application.
You will then have to accept the new terms of use before continuing to use the Application and Services.

 

19. Contact us for more information

We welcome your questions, comments and feedback regarding these terms of use.

If you have any questions, please do not hesitate to write to us at the following address: cheers@birreco.com