onlineorderdesk.com

Terms, Conditions, and Notices

 

TERMS OF USE

 

YOU MUST READ AND REVIEW THE FOLLOWING TERMS OF USE (the "Terms of Use") CAREFULLY BEFORE USING THIS WEB SITE (the "Site"). By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by the Terms of Use. If you do not agree to the Terms of Use then please do not use this Site. Onlineorderdesk.com Inc. (“Onlineorderdesk.com”) reserves the right, at any time, to modify, alter, or update the Terms of Use, and you agree to be bound by such modifications, alterations or updates. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.

 

Copyright

 

All trademarks, service marks, logos and trade names (the "Marks") used and displayed on this Site are the property of to Onlineorderdesk.com or other respective owners that have granted Onlineorderdesk.com the right and license to use the Marks. You are not permitted to use the Marks without the prior written consent of Onlineorderdesk.com or such third party which may own the Marks.

 

All information in this Site is protected under the copyright and/or other laws of Canada and other countries. Users of this Site shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of Onlineorderdesk.com or its affiliates. Otherwise, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this Site. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Onlineorderdesk.com or its licensors, and are not licensed hereunder.

 

Limited Right to Use

 

The viewing or downloading of any content, form or document grants you only a limited, non-exclusive licence for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

 

Editing, Deleting and Modification

 

Onlineorderdesk.com reserves the right in its sole discretion to edit or delete any documents, information or any other content appearing on this Site.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Onlineorderdesk.com and its agents, staff and affiliates (collectively the “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable lawyer’s fees, related to your violation of this Agreement or use of the Site.

 

Use of Web Site Disclaimer

 

The information, software, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Onlineorderdesk.com and/OR its affiliates, may make improvements and/or changes on the site at any time.

 

Onlineorderdesk.com AND/OR its affiliates, make no representations about the suitability of the information, software, products, and services contained on the site for any purpose, and the inclusion or offering for sale of any products or services on the site does not constitute any endorsement or recommendation of such products or services by Onlineorderdesk.com AND/or its affiliates.  All such information, software, products, and services are provided "as is" without warranty of any kind.   Onlineorderdesk.com AND/OR its affiliates hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

Limited Liability, Warranty and Indemnity

 

You are entirely liable for activities conducted by you or anyone else in connection with your use of the Site.  You shall keep your user name and password secret and not disclose it to others. You may not allow others to use the Site, your rights and privileges hereunder, your user name or password at any time. If you do, you:

 

(a)        assume all responsibility and liability associated with such use; and

(b)        indemnify and hold Onlineorderdesk.com harmless for any such use.

 

Onlineorderdesk.com does not warrant the accuracy, completeness, currentness or other characteristics of any products or services available on or through the Site. Onlineorderdesk.com will not be liable for any loss or injury resulting directly or indirectly from the use of the Site and/or any products or services available through the Site, whether or not caused in whole or in part by Onlineorderdesk.com’s negligence or by contingencies beyond Onlineorderdesk.com’s control.

 

Your access to and use of the Site is at your sole risk.  The Site is provided on an “as-is” and “as-available” basis. The Site is for your personal use only and Onlineorderdesk.com makes no representation or warranty of any kind, express or implied including, without limitation, any warranties of merchantability or fitness for a particular purpose. Onlineorderdesk.com is not and will not be a party to any transaction between you and any third party.

 

You hereby indemnify and undertake to defend and hold harmless Onlineorderdesk.com and any of its affiliates and their respective shareholders, directors, officers, employees and agents and hold them harmless from all fines, suits, proceedings, losses, claims, or kind whatsoever, (“Claims”) directly or indirectly, arising out of or in any manner whatsoever associated or connected with the Site and/or the purchase, sale, resale and use of products and/or services by any party, and against any and all damages, costs, expenses and fees (including, without limitation, actual reasonable legal expenses) incurred by any party in respect of any of the foregoing in the investigation or defence of any and all such Claims.

 

The WINERIES providing PRODUCTS ON THIS SITE are ENTIRELY SEPARATE ENTITIES and not agents or employees of Onlineorderdesk.com and/or its affiliates.  Onlineorderdesk.com and/or its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such winery or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Onlineorderdesk.com and/or its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, BACKORDERING, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-booking, RE-ORDERING, PRODUCT SUBSTITUTION or acts of any government or authority.

 

In no event shall Onlineorderdesk.com and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the site or with the delay or inability to use the site, or for any information, software, products, and services obtained through the  site, or otherwise arising out of the use of the site, whether based on contract, tort, strict Liability, or otherwise, even if Onlineorderdesk.com and/or its Affiliates have been Advised of the possibility of damages. Because some Jurisdictions do not allow the exclusion or Limitation of liability for consequential or incidental Damages, the above limitation may not apply to you.

 

Virus Checks

 

When using this Site, it is up to you to take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature. All responsibility or liability for any damages caused by viruses is disclaimed.

 

Representation Limitation

 

Onlineorderdesk.com is not responsible for pricing or any terms and conditions provided from suppliers. Onlineorderdesk.com does not negotiate contracts on behalf of our members, partners or suppliers.

 

Privacy Statement

 

Any personal information will be used solely by Onlineorderdesk.com unless you specifically request a follow up call from the suppliers, in which case your information will be forwarded to them for follow up.  Onlineorderdesk.com will not use your personal information for any other purpose other than follow up and/or for internal marketing purposes.  Onlineorderdesk.com may, and you hereby expressly authorize Onlineorderdesk.com to, gather, record, use and distribute non-personally identifiable data from all transactions effected by using the Site’s ordering system, which facilitates purchase and sale transactions between vendors of alcoholic beverages and their commercial customers, for statistical and other commercial and non-commercial purposes.

 

No Unlawful or Prohibited Use

 

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

Links to Third Party Sites

 

The Site may contain hyperlinks to websites operated by parties other than Onlineorderdesk.com. Such hyperlinks are provided for your reference only.  Onlineorderdesk.com does not control such websites and is not responsible for their contents. Onlineorderdesk.com’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

General

 

This Agreement shall be treated as though it were executed and performed and shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard for its conflicts of laws principles.  You hereby consent to the exclusive jurisdiction and venue of courts in Kelowna, British Columbia in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Onlineorderdesk.com as a result of this agreement or use of the Site.

 

Onlineorderdesk.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Onlineorderdesk.com’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Onlineorderdesk.com with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the user and Onlineorderdesk.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Onlineorderdesk.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Any rights not expressly granted herein are reserved. 

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