British Columbia Wine Authority
Website Use Agreement
This version in effect since December 1, 2011
THIS AGREEMENT GOVERNS YOUR USE OF THE BRITISH COLUMBIA WINE AUTHORITY (THE “BCWA”) WEBSITE. BY USING THE BCWA’S WEBSITE YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT USE THIS WEBSITE.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and the BCWA regarding your use of the BCWA’s website and all content, information and services that may be made available on or through the website (collectively the “Website”). Each time you use a Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.
2. OTHER BCWA AGREEMENTS
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with the BCWA (now or in the future) concerning your dealings with the BCWA, including any information or services provided by the BCWA. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with the BCWA, the provisions of this Agreement shall govern regarding your access to and use of the Website.
3. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement and can form legally binding contracts under applicable law. The BCWA may in its discretion refuse permission to access and use the Website. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of them may be illegal or prohibited.The Website is made available to you for your lawful personal use only. You may access and use the Website using commercially available, SSL-capable web browser software. You may only use the Website in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the BCWA. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation of the Website except while you are using the Website.
Certain portions of the Website may be accessed and used only by individuals who have been issued a password by the BCWA. All passwords remain the property of the BCWA, and may be cancelled or suspended at any time by the BCWA in its discretion, and without any notice or liability to you or any other person. The use of a password does not restrict access by the BCWA to password-protected information.YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT. You must take all reasonable precautions to maintain the secrecy of your password, including ensuring that any information stored on any computer with which you access the Website is protected against unauthorized access by other persons. You must not use any “save password” feature on your Internet browser in conjunction with the Website. Once you have initiated a session in connection with the Website, you must not leave the Internet terminal from which you have accessed the Website until you have terminated that session and logged off the Website.The BCWA is not required to confirm the identity or authority of any person using your password. The BCWA may act upon any communication that is given with the use of your password. The BCWA may, in its discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR PASSWORD COMPLY WITH THIS AGREEMENT. PASSWORDS MAY NOT PREVENT UNAUTHORIZED ACCESS TO DATA OR OTHER INFORMATION YOU MAY USE IN CONNECTION WITH THE WEBSITE. YOUR USE OF YOUR PASSWORD IS AT YOUR OWN RISK. YOU MUST NOTIFY THE BCWA IMMEDIATELY IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. UNTIL YOU GIVE SUCH NOTICE TO THE BCWA AND THE BCWA ACTUALLY RECEIVES AND PROCESSES IT, YOU AND ALL PERSONS YOU REPRESENT WILL CONTINUE TO BE JOINTLY AND SEVERALLY LIABLE FOR ALL AUTHORIZED OR UNAUTHORIZED USE OF YOUR PASSWORD.
5. WEBSITE COMMUNICATIONS
All communications you submit through the Website must be true, accurate and complete. You authorize the BCWA to accept communications that it receives from you by means of the Website and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to the BCWA by means of the Website are not delivered or effective unless and until they are processed by the responsible BCWA representative.
6. WEBSITE CONTENT AND COMPLAINTS
The BCWA is not obliged to monitor or police the use of the Website or screen, police, edit or remove postings of materials to the Website, although the BCWA reserves the right to do so in its discretion and without any notice or liability to you or any other person. The BCWA reserves the right to refuse to post or to remove any materials, in whole or in part, that the BCWA in its discretion considers to be unacceptable or undesirable.The BCWA will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged misconduct, including removing any and all offending submissions and postings from the Website without any notice or liability to your or any other person. The BCWA is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands they may receive regarding any materials submitted or posted to the Website or otherwise used in connection with the Website before the BCWA takes remedial action regarding the materials.If you post or submit materials to the Website, you hereby grant to the BCWA and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Website, and you represent and warrant to the BCWA and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws. Claims or concerns (including copyright or trademark infringement claims) regarding the Website or its content may be made by sending an email to the BCWA’s General Manager at email@example.com.
7. Disclaimers, Liability Exclusion and Indemnity
THE BCWA DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE (WHICH INCLUDES ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE). YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY THE BCWA TO THE FULLEST EXTENT PERMITTED BY LAW. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF THE BCWA AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE.YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITE.THE BCWA WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE (WHICH INCLUDES ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE) BY YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND THE BCWA’S REASONABLE CONTROL, OR ANY DELAY IN THE DELIVERY OF SERVICES PROVIDED THROUGH THE WEBSITE.The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
8. NO ADVICE
The Website is for convenience and information purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
9. PERSONAL INFORMATION
10. OWNERSHIP OF THE WEBSITE
Copyright © British Columbia Wine Authority. All rights reserved. The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of the BCWA and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
11. TRADEMARK INFORMATION
British Columbia Wine Authority, BCWA, BRITISH COLUMBIA VINTNERS QUALITY ALLIANCE, BC VQA and the BCWA and BC VQA logos are trademarks, service marks, official marks and/or trade names owned or licensed by the BCWA. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names official marks or logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
12. OTHER SITES
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from the BCWA, and the BCWA has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against the BCWA arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and the BCWA, the provisions of this Agreement under the section headed Disclaimers and Liability Exclusion (section 7) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.
13. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of the BCWA are strictly prohibited. To request permission, please contact the BCWA’s General Manager at: firstname.lastname@example.org.The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
14. CHANGES TO THIS AGREEMENT
The BCWA may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a modified Agreement on the Website. You may not change, supplement, or amend this Agreement in any manner. When you use the Website you should check the date of this Agreement and review any changes that may have been made to this Agreement since the last time you accessed the Website. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version.
If you breach any provision of this Agreement, you may no longer use the Website. The BCWA may, at any time and for any reason and in its discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of them, or your permission to use the Website and your password, or this Agreement, all without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any of the Website is terminated by you, or by any persons you represent, or by the BCWA, then this Agreement and all other then existing agreements between the BCWA and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. Sections 7, 8, 9, 10, 11, 12, 13, 15, 16 and 17 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.
16. GOVERNING LAW AND DISPUTE RESOLUTION
The Website is controlled by the BCWA from its business offices in Penticton, British Columbia. This Agreement and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between you and the BCWA or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (“Disputes”) must be resolved before the Courts of British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are forever barred.
17. OTHER MATTERS
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and the BCWA relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and the BCWA with respect to your use of the Website.If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.This Agreement enures to the benefit of and is binding upon each of the BCWA and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the BCWA’s prior written consent, which consent may be withheld in the BCWA’s discretion. The BCWA may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.Any rights not expressly granted by this Agreement are reserved to the BCWA.This Agreement is subject to change by the BCWA without notice.