Please read all the terms and conditions of this agreement with Drinky Inc (“Drinky”) carefully. By clicking “I agree”, by using the Drinky website, or by signing a document that refers to these terms you agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. In particular, it contains provisions that may limit your rights, such as the section entitled Limitations.
On the Drinky.ca site, all alcohol products listed are offered for sale, sold and shipped by the licensed entity that is identified on the site as the supplier of that product. Drinky.ca does not offer for sale, sell or ship any alcohol products.
All ordering, payment and order fulfillment are performed directly between a consumer (purchaser or user) and a participating vendor. If a consumer orders products from multiple Vendors, then multiple transactions will be performed between the consumer and each Vendor, each of which will be processed separately by each Vendor.
Agents representing products, especially those that are imported from other regions, do so on behalf of authorized retailers such as government retailers or related parties (example: the Liqour Control Board of Ontario (LCBO)).
Copyright © 2015 Drinky Inc. All rights reserved. The contents of this site are owned by and copyrighted by Drinky and the Drinky Vendors and may contain trademarks of Drinky and others. You may print, copy or save portions of this site for your own use only - provided that all copyright and trademark provisions contained on the site remain intact.
Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark and other laws.
While Drinky uses reasonable efforts to maintain this site in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this site, and may make changes thereto at any time in its sole discretion without notice. All information contained herein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.
Drinky facilitates the advertising and sale of alcoholic beverages by licensed vendors (“Vendor(s)”) directly to consumers. Vendors include licensed domestic suppliers, but may also include licensed distributors and/or agents that accept orders on behalf of authorized retailers (example: the LCBO in Ontario). Agents are not permitted to take orders from the public in other provinces such as British Columbia or Alberta. Drinky does not participate in the sale of alcohol. Ordering, payment and order fulfilment are performed directly between consumers and the Vendors, and the Vendor’s content and processes must make that clear to consumers. Drinky does not canvass for, receive or solicit orders for alcohol. Vendors must be properly licensed, and must abide by all applicable laws, including without limitation those that apply to alcohol sales, shipping, proof of legal drinking age, anti-spam and privacy. Drinky provides tools to assist Vendors, but Vendors are responsible to ensure that they use the Drinky service in a legally compliant manner. Vendors will pay fees to Drinky for the use of this site as agreed when they set up an account.
All details, including prices, weights, volumes and other relevant information that may have an impact on final order price are the complete responsibility of the Vendor and not Drinky. It is important that Vendors routinely review and revise any products and details to ensure that all information is accurate.
Please note that Drinky, Inc. and Drinky.ca were NOT created to engage in predatory economic behaviour such as soliciting suppliers from other agents. Furthermore, any agents found engaging in this practice may be removed from Drinky.ca.
Consumers must be of legal drinking age to purchase alcohol from Vendors on this site, and must prove that age to the Vendor when required.
Both Vendors and consumers are responsible for all activity they conduct on the site. You will not use the site for purposes proscribed by Drinky from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the site. If you are posting information on publicly accessible areas of this site, keep in mind that anyone can see it.
Drinky does not routinely monitor all material placed on the site, but may in its discretion delete or modify any material offending this agreement that comes to its attention. Drinky is not responsible for and does not endorse anything users post on the site.
Drinky acquires no ownership interest in anything you post on this site. You grant to Drinky a license to use and display for the purposes of the site, and any related uses or promotion, anything you post on publicly accessible areas of this site at no cost to Drinky.
Drinky offers a Points Program. Please see our Points Program terms for details.
If you believe that anything posted on this site offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email Drinky at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.
LOGON ID’S AND PASSWORDS
Access to portions of the site requires a logon ID and password. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep logon ID’s and passwords confidential. You may not use a logon ID that suggests you are someone you are not. You are responsible for any activity that occurs under your logon ID. You will advise Drinky immediately if you discover any compromise of your passwords or suspect unauthorized use of the site using your identity.
All promises made by Drinky are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
You cannot collect any damages from Drinky for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the amount paid by you to Drinky hereunder for any goods or services that the claim arises from.
Drinky relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
This site is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Drinky shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
VENDOR CONTENT AND LINKS
Any Vendor content on this site and any third party sites that are linked to this site are not under Drinky’s control. Drinky is not responsible for any Vendor content on this site or anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Drinky provides Vendor content and links as a convenience only and such links do not imply any endorsement by Drinky of that content or sites.
Drinky tries to provide accurate information on this site, but errors may occur. Drinky and the Vendors reserve the right to change the goods and services available through the site and their prices without any notice or liability. Vendors cannot guarantee goods or services advertised on the site will be available when ordered or thereafter. Vendors reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. While only Vendors will sell alcoholic products, Drinky may sell nonalcoholic products.
If you order goods or services for which the price or other important information was incorrectly displayed (eg vintage or bottle volume), you will be provide with an opportunity to place an order at the correct price. If you order goods or services that are not available, you will be notified. Vendors reserve the right to limit quantities sold. Nothing on the site is an offer to sell. Your properly completed and delivered order form is your offer to purchase the goods or services in your order. Your order is deemed accepted only if and when the Vendor (or Drinky if the product is sold by Drinky) sends both an order acceptance and shipment notice to your email address.
Consumers will be bound by sale terms provided by Vendors as part of their content and as presented during the order process.
CHANGING THESE TERMS OR TERMINATION
Drinky may change these terms by posting notice on its site if required by regulatory changes or for other reasons desired by Drinky. These terms were last revised on October 8, 2015.
Drinky may terminate use of this site for any Vendor or consumer that violates this agreement or legal requirements relevant to the sale of alcohol. Drinky may terminate use of this site for any Vendor or consumer if regulatory changes make their continued use illegal or impractical.
Drinky and the Vendors are not liable for any failure to perform, omission, or delay in the execution of their obligations hereunder caused by an event beyond its reasonable control or changes in legal regulation. Drinky and the Vendors may extend the time for performance by a reasonable time if an extension is feasible in their discretion.
Nothing on this site is intended to be an offering for sale of Drinky securities to the public.
Drinky may be contacted at:
Phone: 1-866-4DRINKY (1-866-437-4659)