Vice Spirits Incorporated is a corporation registered in Canada under the Canada Business Corporations Act, and has its head office in Toronto, Ontario (in this Agreement, “we”, “us”, “Vice”, etc). By using our website (“Website”) you are entering into a binding contract (the “Agreement”) with us as to the terms of use of our Website and all written and other materials displayed or made available through the Website, including images, audio and video, computer software, and code, whether belonging to us or to a third party (the “Content”).
We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
This Agreement contains terms limiting our liability, disclaimers of warranties, and a binding arbitration clause that affect your use of the Website and Content. Please ensure you read those clauses in their entirety.
Our Website and Content are intended only for people of legal drinking age. By accessing our Website through the age gate, you represent and warrant to us that you:
a) are of legal drinking age in the place where you are accessing the Website or Content;
b) have provided accurate information to pass through the age gate; and
c) will not use the Website or Content if any applicable laws in the place you are accessing from prohibit you from doing so.
Our e-commerce platform is hosted on Shopify Inc., and your use of those portions of the Website and Content may be subject to Shopify’s terms and conditions of use and privacy policies. We recommend that you review their terms of use and privacy policy as well.
We are committed to protecting your privacy. Vice will, at all times, follow the requirements of all applicable Canadian privacy laws.
We may collect, store, and use your name, address, email address, and postal code if you provide them to us in connection with your use of the Website or your communications with us, as well as your IP address, until you revoke your consent in writing. We may use your personal information to:
a) process transactions with you such as purchases and refunds;
b) deliver your orders;
c) administer our programs, including the Website, Software, and Content;
d) communicate information, marketing, and offers to you;
e) understand and analyze customer responses, needs, and preferences;
f) comply with our record keeping requirements under privacy, anti-spam, and other applicable laws;
g) build our customer database; and
h) develop, enhance, market or provide our products, events, and services.
Your information may also be provided to third party payment processors to the extent necessary to process transactions such as purchases and refunds, to third-party delivery services to deliver orders and process returns, to third-party marketing companies for their use in providing marketing services to us, and may also be provided or accessible to our IT service providers in the course of them providing services to us. Use of your personal information by such third-parties may be subject to their respective terms of use and privacy policies, which may differ from those in this Agreement. We may also disclose your personal information to prospective purchasers of all or any part of our business as part of due diligence.
Otherwise, your information will not be provided or made available to anyone other than us without your consent. We will take commercially reasonable steps to ensure that the third-parties we disclose your information to will collect, store, and use your personal information in accordance with law, and only for the purposes of providing services to us. You understand that your information (except credit card information), may be transferred unencrypted and involve:
a) transmissions over various networks inside and outside of Canada; and
b) changes to conform and adapt to technical requirements of connecting networks or devices.
Our Website uses cookies and other similar tracking technologies to gather information about your visit and distinguish you from other visitors, to personalize your online experience, to display customized content and advertising, and to measure the effectiveness or performance of our websites and advertising.
Cookies are small text files that are stored on your computer or mobile device by a website in order to remember information about your browsing history or your device when you return to that website. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the features that you customized. Some cookies are “session cookies” that are deleted at the end of your browsing session, while some are “persistent cookies” that remain between sessions until they expire or you delete them. Similar tracking technologies are pixels, web beacons or other technologies that store or access information on your device.
We may collect the following information about your visit to the Website: your Internet Protocol (IP) address and the general geographic location associated with your IP address (known as IP geolocation), your network provider, information about your computer or mobile device such as your device model or browser type, the full Uniform Resource Locators (URL) clickstream to, through and from our Website, the date, time and duration of your visit, whether you are a first time or returning visitor, content you viewed and searched you’re your mouse scrolls, clicks, keystrokes entered, recorded images such as forms you populated, and your interests and demographics. The information collected through the use of cookies is not generally recognized as being “Personal Information” under law, and to the extent that any information collected through cookies is not Personal Information, it is not subject to the limitations on use set out above.
We may use third party analytics to create reports and statistics on visits to the Website. We may also use third party advertising services to deliver customized content and advertising to you and to measure the effectiveness or performance of our advertising campaigns.
You may disable cookies in your browser settings and clear your cache of previously installed cookies. However, if you disable cookies, the Websites may not function properly and your personalized online experience may be hindered. In addition to disabling cookies, you may also install browser extensions to opt out of third-party analytics tools.
Please note that if you opt out of certain kinds of advertising, you will continue to receive non-customized advertisements and you may continue to receive customized advertisements from parties that do not participate in the opt out programs.
All communications are subject to Canada’s anti-spam laws. If you sign up for our mailing list, you are consenting to being added to our email distribution list and receiving email communication from us, which may promote our products or services. You are encouraged to report any glitches or bugs, and suggest refinements to our systems that will help us to serve you better. You may opt out of these email communications at any time by using the opt-out/unsubscribe link contained in each message, or by any other means required by law. Please note that if you do unsubscribe, it may affect our ability to notify you of changes in our products, services, or this Agreement.
Vice is providing access to the Website on an “as is and “as available” basis. Vice disclaims all warranties, whether express, implied, or statutory of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights, unless otherwise expressly stated in this Agreement. Vice does not guarantee that:
a) the Website will operate on an uninterrupted basis or be available at all times or places;
b) data will be transmitted or stored successfully, accurately, or securely;
c) communications to or from the Website will be secure or not intercepted.
d) notification emails or pop-ups will be visible on all systems or platforms, and will not be blocked by firewalls, anti-virus, apps, or add-ons such as pop-up or ad blockers; or
e) the Website or Content is free of viruses or other harmful components.
Any future communication from Vice is also subject to this disclaimer of warranties.
Any material or Content downloaded or received by you through the Website is at your own discretion and risk, and you alone are responsible for any damage to your person or property as a result of such receipt.
Your agreement to the above disclaimers of warranties are fundamental elements of this Agreement, and that Vice would not enter into this Agreement without them.
Any communication or material (other than personal information) you transmit to us or through the Website ("Submissions"), will be treated as non-confidential and non-proprietary. Submissions become our property immediately upon transmission, and may be used and exploited for any purpose with or without your name associated with the material, at our discretion. We are free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose. By transmitting any Submission to us, you will be deemed for all purposes to have assigned and transferred all copyright, trademark and other intellectual property rights in and to the Submission to us, and to have irrevocably waived and released all moral rights in and to the Submission.
You agree to sign and deliver to us, on demand, all further documents and assurances that we may request in connection with the above assignments, transfers, releases and waivers.
You agree that Submissions will not be defamatory, obscene, abusive, threatening, invade the privacy of any person, or infringe the intellectual property rights of any third party.
In addition to other prohibitions as set forth in the Terms of Service, you will not use the Website or Content for any unlawful, obscene, or immoral purpose, nor to:
a) provide alcohol to minors;
b) solicit others to perform or participate in any unlawful acts;
c) violate any applicable regulations, rules, laws, or local ordinances;
d) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) submit false or misleading information;
g) 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 Service or of any related website, other websites, or the Internet;
h) collect or track the personal information of others;
i) spam, phish, pharm, pretext, spider, crawl, or scrape;
j) breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Website; or
k) interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Website and any related website or social media for violating any of the prohibited uses.
Our aggregate liability, including that of our affiliates, officers, directors, employees, contractors, agents, representatives, licensors and their respective successors and assigns (“Vice Parties”) is in all cases limited to direct damages up to an aggregate maximum of $50.00 CAD.
The Vice Parties will not be responsible or liable for any expense, loss, cost, injury, damage, delay, cancellation, accident or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising from or related to your access or use of the Website and Content, such as:
a) misuse of the Website or Content, including any prohibited use listed above;
b) any failure, delay or decision by us in administering the Website, amending this Agreement, or terminating or migrating the Website;
c) unauthorized use of your account or password;
d) the acts, omissions, or conduct of any third-party;
e) any access, use, reliance upon, or inability to use any materials, Content, goods, or services located at, or made available at, any website linked to or from the Website; or
f) any change made to this Agreement.
This applies even if we or our representatives are advised of the possibility of such Costs.
You agree to indemnify, defend, and hold harmless Vice, including its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from
a) your breach of any of the terms and conditions of this Agreement;
b) your access to, use or misuse of, reliance upon, or inability to access or use the Website, the Content, or any website to which the Website is or may be linked to from time to time or;
c) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
All: copyright material such as text, software, and other media related to or delivered through the Website; registered and unregistered trademarks, trade names, and marks; information database rights; and other proprietary information and intellectual property rights (“Intellectual Property”) is the exclusive property of Vice, its licensors, or authorised contributors. You will not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Intellectual Property, in whole or in part unless expressly authorized by us in advance, in writing.
Except as granted in the limited licence below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, in whole or in part, is prohibited without the prior express written consent of Vice.
While certain trademarks of third parties may be used by Vice under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between Vice and the owner of the trademark, or to imply that Vice endorses the wares, services, or business of the trademark owner.
Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable, and non-exclusive licence to access, view, the Website and the Content, and use the functions of the Website. You may not copy or repost the Content without our written permission. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence will govern.
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by Vice, its licensors, or the party credited with ownership of such Software.
You are granted the right to access and use the Software embedded and integrated into the Website, subject to the terms and conditions of this Agreement, and any additional conditions which may be imposed on your access and use of such Software.
Except to the extent expressly permitted in this Agreement, you may not:
a) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
b) sell, rent, lease, license, transfer, or otherwise provide access to the Software;
c) alter, remove, or cover any trademarks or proprietary notices included in the Software; or
d) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.
Other than the limited licence granted above, nothing contained in the Website will be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any Intellectual Property rights in the Software.
All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied.
The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Vice of any third-party website or its content. Unless expressly stated, Vice does not operate any third-party website linked to the Website and is not responsible for their content. Vice makes no representation, warranty, or covenant of any kind regarding any third-party website including that any representation, warranty, or covenant regarding:
a) the legality, accuracy, reliability, completeness, timeliness, or suitability of any content;
b) the merchantability or fitness for a particular purpose of the website or material, content, software, goods, or services located at or made available through it; or
c) uninterrupted or error free operation, that defects or errors will be corrected, or freedom from viruses or other harmful components.
While Vice encourages links to its website and social media pages, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, including:
a) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, Provincial, territorial, federal, or international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Vice;
b) any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights; and
c) any website or content which a reasonable person would view as defamatory, obscene, abusive, threatening, invasive of the privacy of any person, or infringing the intellectual property rights of any third party.
Vice reserves the right to prohibit or refuse to accept any link to its website or the Website. You agree to remove any link you may have made upon the request of Vice.
We may terminate your access to the Website at any time, with or without notice.
The Intellectual Property, Privacy, Disclaimers of Warranties, Limitation of Liability, and Alternative Dispute Resolution, and general terms of this Agreement, along with any representations and warranties will survive any termination.
All disputes arising from or related to this Agreement, including validity, existence, binding effect, interpretation, performance, breach or termination, and tort claims, or in respect of any legal relationship associated with or derived from this Agreement will be exclusively and finally resolved by:
a) Good faith negotiation, facilitated if necessary by a neutral third party mediator as agreed upon by the parties.
b) If the parties are unable to negotiate a resolution, the dispute will be referred to binding arbitration pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. (“Rules”).
i. The place of the arbitration will be in Toronto, Ontario;
ii. The arbitration will be conducted in person;
iii. The language of the arbitration will be English.
iv. Arbitration will be conducted by a single arbitrator. If the parties are unable to agree on an arbitrator, the parties will apply to have one appointed according to the Rules.
v. All filing fees will be paid for by the party which files the notice of arbitration. Each party will be responsible to pay its own costs, including legal fees, unless otherwise ordered by the arbitrator or arbitrators.
vi. The award rendered by the arbitrator or arbitrators will be final, and will not be appealed on any grounds.
This Agreement, and the documents it incorporates by reference, constitute the entire agreement between you and us on the subject matter. Except as expressly contained in these Agreement, there are no conditions, representations, warranties, express or implied, statutory or otherwise.
When you deal with us over the internet, you agree to form a contract through electronic communications.
This Agreement is governed by the laws of the Province of Ontario, and the federal laws of Canada which apply in Ontario.
If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining terms and conditions.
Any consent by Vice to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, is not a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision or covenant contained herein. Any such invalid provision or covenant will be deemed severable from the rest of this Agreement.
Questions or comments regarding this Agreement should be directed by email to hello@vicespiritsinc.com. All materials and any notices from us will be sent to your email address as in our records. Please notify us if your address changes.