Galleon Fine Vines Inc. (hereinafter “Galleon”, “we”, “us”, “our”) operates this website www.galleon.wine (the “Site”). The conditions set forth below govern all visits to the Site and as such constitute a contract between you and Galleon (the “Terms”). Please read these Terms carefully before using the Site.
1 ADDITIONAL TERMS
By browsing the Site, you agree to be bound by, and comply with, the Terms. Should you wish not to be bound by the Terms, please refrain from using the Site.
In addition to the Terms, purchases of products offered on the Site are also subject to the Purchase Terms and Conditions, which are an integral part of these Terms. Galleon invites you to take some time to review them.
2 SITE USE
2.1 Canadian residents
The Site may only be used in Quebec or by Quebec residents who wish to consult and/or order products offered by Galleon.
Canadian residents who live outside the Province of Quebec should contact our sales representatives by email at firstname.lastname@example.org.
2.2 Access license
Subject to the Terms, Galleon grants you a license to consult and print pages from the Site for your personal, non-commercial use.
The license granted under the above paragraph, however, excludes the following: a) any resale or commercial use of the Site or the products of Galleon; b) any copy, reproduction, modification, adaptation or translation of any content from the Site; c) the collection and use of any product list or description; or d) direct or indirect use of data mining methods, automated tools or similar data collection methods.
Galleon reserves the right to terminate this license and to forbid you from using the Site and to access it in case of unauthorised use.
2.3 Place of operation of the Site
The Site is the property of Galleon and is operated from the Province of Québec.
2.4 Sections of the Site protected by password
It is your responsibility to maintain the confidentiality of the password you use to access the sections of the Site that are protected by password. Consequently, you hereby take responsibility for all activity that will take place from your account or with your password. Should you believe that the confidentiality of your account or password has been compromised in any way whatsoever, you must contact our customer service immediately. We reserve the right to take any necessary or reasonable measure to ensure the security of the Site or of your account, and in particular to suspend or terminate your account, modify your password or require that some information be provided prior to authorising operations on your account.
Despite the above, we will be entitled to rely on the authority of anyone having access to your account or making use of your password and in no case can we be held liable for any fee, liability or damage resulting from: (i) an action or omission on our part with regards to this disposition; (ii) the compromise of your account or password’s confidentiality; and (iii) the unauthorised access to your account or unauthorised use of your password.
3 INTELLECTUAL PROPERTY
3.1 Ownership of content
The entire Site’s content is and remains the property of Galleon or its affiliated companies, or is used under license, and is protected by the applicable intellectual property laws, except as authorized pursuant to the Terms. Any reproduction or counterfeiting of the Site’s content, in whole or in part, is strictly prohibited. Any unauthorised use of said content could expose the infringer to lawsuits.
Some of the trade-marks and logos used or displayed on the Site are trade-marks (registered or not) of Galleon or other third parties. The names of all other products, services or companies mentioned on the Site may be trade-marks of their respective owners. You may not use any trade-mark displayed on the Site without the written authorization of Galleon or the owner of the rights to the trade-mark concerned.
4 HYPERLINKS TO THIRD PARTY WEBSITES
We make no representation or warranty regarding the quality, content, nature or reliability of any third-party website accessible through hyperlinks from the Site and we assume not liability in this regard. Any hyperlink provided by Galleon is given for reference only and you are using it at your own risks.
5 INFORMATION PROVIDED BY YOU
When you create a profile on the Site or provide information to us, be it through the Site or any other means of communication, you undertake to provide up-to-date, complete and truthful information.
6 LIMITATION OF LIABILITY
Your use of the Site is done on your own initiative, and it is your responsibility to do so in compliance with the Terms as well as all applicable laws. Any claim related to the use of the Site and/or its content is governed by the applicable laws of the province of Quebec.[MB3] [GP4] Your one and only recourse consists in stopping all use of the Site. No information contained on the Site is susceptible to create warranties not expressly provided for in these Terms or in the Purchase Terms and Conditions.
In no circumstances can Galleon or any of its employees, directors, officers, managers, agents, affiliates or other related entities, sponsors, distributors, sellers, providers, representatives, partners or any other person acting for and in the name of Galleon, be held liable for direct, indirect, consecutive or particular damages resulting from the use or inability to use the Site. In no circumstances shall we be liable for fees incurred in the purchase of products or in any other transaction effected from the Site or resulting from unauthorised access or the modification of your data transfers, including, without restriction, damages for loss of profits, use of data or other intangibles, even in the event that we were warned of the possibility of such damages.
If you are unsatisfied with this Site, its content or these Terms, it is up to you to stop using the Site.
Any claim or cause of action derived from or related to the use of the Site or the Terms must be lodged within the first (1st) year following the date on which such claim or cause of action arose.
In certain cases, the applicable laws may not allow the aforementioned limitation of liability, in which case, such limitation of liability will not apply in those particular cases. If any part of such limitation of liability is considered invalid or inapplicable for any reason whatsoever, our total liability (any well as that of any of our employees, directors, officers, managers, agents, affiliates or other related entities, sponsors, distributors, sellers, providers, representatives, partners or any other person acting for and in the name of Galleon) in such circumstances with regards to the liabilities that would have been limited shall in no circumstances exceed one hundred Canadian dollars (CAD $ 100).
7 NO WARRANTY
7.1 As to the information contained on the Site
Subject to any contrary indications in these Terms, the Site’s content is presented for information only. Galleon offers no warranty, express or implied, to the effect that the content will meet your expectations.
7.2 Mistakes and interruptions
Although we put a lot of efforts into making this Site as performing and accessible as possible, Galleon cannot warranty that the Site will be free of all mistakes or that it will be available at all times. In this regard, Galleon offers no warranty, express or implied, that access to the Site will be available at all time or that the Site will be free of all errors or bugs.
7.3 Security and confidentiality of your password
Although we put a lot of efforts into making this Site safe and preventing unauthorised third parties from accessing your account, Galleon offers no warranty, express or implied, that the confidentiality of the data you have provided to us will be preserved, or as to the Site safety. It is possible that a third party may intercept or modify communications between you and the Site.
You are responsible for publications you make on the Site, for the download of files from the latter, for the diffusion of information and the transmission of files from your computer system. Your liability is incurred should you damage the Site or should a third party use your user name or your password for the purpose of damaging the Site or cause harm to Galleon.
Moreover, you undertake to indemnify and hold Galleon, its associated companies or other related entities, as well as their directors, members or direction, administrators, officers, workers, employees, representatives, or any other person acting for and in the name of Galleon or third parties with which Galleon partners occasionally, harmless from all liability, cause of action in civil liability or damages, or any other judicial action, including professional fees and expenses incurred in the context of the use of the Site.
9 APPLICABLE LAW
Galleon reserves the right, in its sole discretion and without prior notice, to terminate your licence for the use of the Site, to restrict your access to the Site or to prevent you from accessing it, to delete your account on its servers and to terminate the Terms.
11 CONSENT TO EMAIL COMMUNICATION
When you interact and/or communicate with us through the Site, our social media or our customer service, you consent to receiving an email communication from us and agree to us communicating with you by email or through a notice displayed on the Site.
Any stipulation of the Terms declared invalid, null or unopposable for any reason whatsoever will be deemed divisible from the Terms and will have no incidence on the validity and opposability of the other stipulations.
No renunciation, express or implied, by any one of the parties to a violation or default with regards to the Terms of the Site shall constitute a permanent renunciation to such a violation or default, nor shall it be deemed to be a renunciation to a prior or subsequent violation or default.
14 MODIFICATIONS TO TERMS
Galleon reserves the right to modify the Terms at any time and without prior notice, in whole or in part, so as to adapt them to any legal or technological changes, or simply as a result of changes brought to the Site. Any change of the Terms will be published on this page. Using the Site after the publication of any modification implies acceptation of the modified Terms.
15 CUSTOMER SERVICE
Do not hesitate to contact us with comments and questions! It will be our pleasure to get back to you as soon as possible. You can reach our customer service Monday to Friday, from 9 a.m. to 5 p.m., Eastern Time:
Galleon Fine Wines inc.
1304, avenue Greene
Westmount, Quebec H3Z 2B1