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Terms and Conditions

Collective Arts Terms and Conditions of Use


Last updated: September 1, 2021


IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) AND THE PRIVACY POLICY LOCATED HERE (“PRIVACY POLICY”) CAREFULLY BEFORE USING THIS WEBSITE.


By using this Site, you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site.


This “Site” (as defined below) is owned and operated by Collective Arts Limited and our subsidiary and affiliated entities, which include different brands, (“Collective Arts”, “we”, “us” or “our”) want you to have the best possible experience when you interact with us online. This is a contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and the Collective Arts Limited entity who owns the digital property that you are using. These Terms of Use set out the terms and conditions that govern your use of our Site. “Site(s)” means Collective Arts websites, social media pages that we control, promotional sites, widgets and mobile sites and applications, blogs, email and text messages that we send to you and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application or service, in which case such different policy shall govern and control).

 

1. PRIVACY STATEMENT

Along with these Terms, our Privacy Policy explains how we collect, use, disclose, process, transfer and protect information you may provide to us through your use of our Platform. You should make sure that you read and understand the Terms and Privacy Policy [insert link] because they create a binding contract between you and us.

 

2. LEGAL DRINKING AGE NOTICE 

A. You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Platform.  If you are not of legal drinking age in your country, province or territory you are not permitted to access or use this Platform or any related content. No one under the age of 18 may access the Platform.

B. You must be of legal drinking age to purchase or consume any Collective Arts alcohol beverage products or be eligible for participation in contests, promotions on this Platform or otherwise.

C. If you are of legal drinking age you acknowledge and agree that you will not share this Platform or content through this Platform or through apps or websites with underage persons.


        3. APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES 

        A. Collective Arts products are available throughout the world. Certain Sites may describe products and services that are only available in certain jurisdictions.

        B. Collective Arts Sites are governed by the laws applicable in the respective jurisdictions where we operate. 

         

        4. UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS 

        Your use of the Sites and continued use of the Sites following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site or we send an email to all users for whom Collective Arts (or the appropriate affiliate) has contact information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.

         

        5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS 

        A. Any and all rights in a Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of Collective Arts or the third party from which the Content was licensed.

        B. All Sites and associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.

        C. Except as expressly permitted in writing by Collective Arts in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose.

        D. Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon the rights of Collective Arts or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Collective Arts or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual non-commercial use only. Any unauthorized use of the Content of a Site may subject you to civil or criminal penalties.

         

        6. INTERNET IS NOT A SECURE MEDIUM 

        The internet is not a secure medium, and the privacy of your communications and/or visits to this Platform cannot be guaranteed. Your communications or information may be susceptible to data corruption, unauthorized access, data breach, theft or loss, interception and delays. This Platform may include incomplete information, inaccuracies or typographical errors. We may make changes in the information and content included in this Platform at any time without notice.

        You acknowledge and agree that any communication or material you transmit to this Platform, in any manner and for any reason, may 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 through this Platform may be used by us anywhere, anytime and for any reason whatsoever.

         

        7. REGISTRATION; ACCOUNT

        A. Certain parts or features of a Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content on the Site (“Account Information”). Examples of Account Information include but are not limited to user name, address and contact information. The decision to provide this Account Information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Site.

        B. You agree that you will not provide any false information to us or create an account for anyone other than yourself without permission.

        C. You shall not create more than one personal profile. Collective Arts reserves the right to remove or reclaim any Account Information from a Site in our sole discretion, and further reserves the right, with or without notice, to terminate your password and membership to such Site or to all Collective Arts Sites, for any reason or no reason at all. If we disable your account, you agree that you will not create another one.

        D. If you register with a Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your account so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer, or assign your account.

        E. You understand and agree that Collective Arts shall not have any liability to you or any other person for any termination of your access to the Sites or the removal of Account Information concerning your account. Collective Arts will determine your compliance with these Terms and Conditions in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.

        F. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

        G. We reserve the right to refuse or restrict any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

        H. You agree that we have the right to prevent, intercept, delete, remove, prohibit or otherwise restrict your access to, use of, or posting of content on this Site if we believe or determine that you have not fully complied or may not fully comply with any of the provisions of these Terms of Use or our Privacy Policy.

         

        8. LINKING; THIRD PARTY SITES AND CONTENT 

        A. The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, designs, sound, video, music, information, software applications, plug-ins, and other Content originating from third parties (collectively, “Third Party Content”). Collective Arts is not the owner of, does not control, does not monitor, and is not responsible for any Content or performance of any Third Party Content linked to or referenced on our Site.

        B. Although this Site may be linked to other sites, Collective Arts does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and conditions and policies no longer govern.

        C. In some cases, we may use a third-party service to process purchases and entries made through the Sites, including but not limited to reservation sites, eCommerce/online retail shop sites, and promotional websites. In these cases, your transaction will be subject to the third party’s policies. We have no control over, and are not responsible for, third party’s actions or sites.

        D. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. WE BEAR NO RESPONSIBILITY FOR ANY ISSUES THAT MAY ARISE FROM YOUR USE OF THE THIRD-PARTY CONTENT.

         

        9. PROHIBITED USES

        In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
        (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

         

        10. INDEMNIFICATION

        BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COLLECTIVE ARTS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE CONTENT; YOUR USER CONTENT THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COLLECTIVE ARTS’S USE OF YOUR USER CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COLLECTIVE ARTS’S DEFENSE OF ANY CLAIM. COLLECTIVE ARTS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COLLECTIVE ARTS.

         

        11. LIMITATION OF LIABILITY AND DISCLAIMER 

        A. THE SITE, ALL MATERIALS, AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

        B. Collective Arts assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Collective Arts is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site.

        C. IN NO EVENT SHALL COLLECTIVE ARTS BE LIABLE FOR: (1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE, REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING AND (2) AMOUNTS IN EXCESS OF THE AMOUNT THAT YOU PAID COLLECTIVE ARTS BY WAY OF THE SITE OR $100, WHICHEVER IS GREATER.

        D. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

         

        12. MISCELLANEOUS 

        A. These Terms and Conditions constitute the entire Terms and Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, understandings, or the like between the parties with respect to the subject matter hereof.

        B. These Terms and Conditions may not be amended, nor any obligation waived, without Collective Arts’s written authorization. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision thereof.

        C. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

        D. All disputes arising out of or related to this Agreement will be governed by the laws of the Province of Ontario and applicable Canadian federal law without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. No choice of law rules of any jurisdiction will apply.

         

        13. LANGUAGE

        English shall be the language of this Site and all transactions occurring in connection with it. You waive any right to use and rely upon any other language or translations.

         

        Il est de la volonté express des parties que le présent Plateforme 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.


        Terms of Purchase

         

        14. ORDERS

        Only residents of Ontario who have reached the age of majority in their province of residence may place orders through the Site. Orders will be shipped to Ontario only. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.


        Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.


        We may limit quantities available for sale and reserve the right to reject or correct any order for any reason.

         

        15. DELIVERY AND TIMING

        The shipping process and available options, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process. We reserve the right to use a substitute carrier for your purchase at any time, at our discretion.


        The delivery date of your purchase depends on the shipping method you have chosen. We will estimate the time it will take to deliver the Product(s) you purchase through the Site.  This time is provided as an estimate only, and Company shall not be responsible in any manner for deliveries made outside of this time frame.

         

        16. PAYMENT

        Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


        You can pay for any purchase you make online by using a MasterCard or VISA card. By submitting your payment by credit card, you authorize the Company to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and the Company will have no obligation to fulfill your order.


        All references to currency on the Site are to Canadian currency and all payments shall be made in Canadian currency, unless specifically stated.

         

        17. REFUND POLICY

        If you are unsatisfied with your purchase, please contact us at info@collectiveartsbrewing.com

         

        18. CORRECTIONS

        Company does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We will make reasonable efforts to correct the error on our Site if we discover that a Product’s price, description or specifications are incorrect.