1. Terms of Use

TT Wine Explorer Ltd (“Company”, “TT Wine Explorer”, “we,” “us,” or “our) operates the Internet website TT Wine Counsel.com (“Website”). Your use of the Website is subject to the following terms (“Terms of Use”), which comprise an agreement between users of the Website and TT Wine Explorer (“Agreement”). By using, browsing and/or otherwise accessing the Website, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and comply with all applicable laws and regulations. TT Wine Explorer reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Website will be subject to the most current version of the Terms of Use posted on the Website, and you are responsible for visiting the Terms of Use from time to time. If you do not agree to the Terms of Use, please do not use the Website.

2. Sale of Liquor

The sale of liquor is heavily regulated. You agree that you will be responsible for compliance with all liquor laws applicable to purchasers and consumers. TT Wine Explorer and any wineries which offer to sell wine to you via this Website (collectively “TT & Wineries”) do not permit or process the sale of liquor to individuals who are under the legal drinking age as determined by their applicable province. By using this Website you (1) swear and affirm that you are of legal drinking age in British Columbia and (2) agree not to purchase or arrange for delivery of liquor, to or on behalf of someone who is not of legal drinking age. You are prohibited from using this Website if you do not agree to follow these terms of use.

3. Third Party Content and Links to other Websites

This Website may contain links to other websites or resources. You acknowledge and agree that: (1) TT Wine Explorer is not responsible nor liable for the availability or accuracy of other websites or resources, or the content, advertising or products available from such other websites or resources; and (2) the use of any third-party website is governed by the terms of use for that website and not by this Agreement.

Links to third-party websites are not an endorsement by TT Wine Explorer of those websites or their content, but are provided for your convenience only and are accessible at your own risk. Such third-party websites may have a privacy policy which differs from TT Wine Explorer’s, and the third-party website may provide less security than this Website. TT Wine Explorer is not responsible for the content of any third-party websites and does not make any warranties or representations regarding the content (or accuracy thereof) on any third-party websites. TT Wine Explorer will have no liability whatsoever for the failure of any products or services offered or advertised at such websites or otherwise.

4. Protection of Website Content

All text, graphics, logos, icons, images, audio and video clips and software on the Website (“Website Content”) are copyrighted materials owned by, or licensed to TT Wine Explorer. The Website Content may also contain trademarks, service marks and trade names which are owned by or licensed to TT Wine Explorer and its affiliates, or which are owned by third parties.

You may not sell, reproduce, distribute, copy, duplicate, display or otherwise use any of the Website Content in any way for any public or commercial purpose without prior written consent of TT Wine Explorer or the relevant rights holder. Nothing contained in the Website will be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of TT Wine Explorer, its affiliates, or any third party. Except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Website Content are expressly reserved to TT Wine Explorer, its affiliates, and/or any third party, as applicable. Any unauthorized use of any Website Content will violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

5. Shipping and Delivery Destinations

Whether or not a participating winery will ship to a specific location is completely at the discretion of each individual participating winery. Shipping policies and procedures may vary between wineries.

6. Cancelling Orders and Product Returns

As the relevant participating wineries process all orders made via this Website, TT Wine Explorer is not able to cancel or modify an order once it has been confirmed by the relevant winery and entered into their system for delivery. Please contact the winery directly with any questions about your order.

All wine deliveries are shipped directly from the respective winery to your provided address and you are solely responsible for ensuring that the recipient’s address is correct.

TT Wine Explorer is not involved in the sale, packing, shipping or delivery of any product. If you wish to return any faulty product (broken bottles, corked product) you must immediately contact the winery that shipped the faulty product and follow their return policies. Note that you may be required to retain any faulty product (recorked and at least 3/4 full) for inspection by the winery. By using this Website, you agree to be bound to the return policies of each winery from which you have ordered product.

Note that a participating winery will be entitled to accept or reject any orders received by it.

7. Disclaimer of Warranties

ALL MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE WEBSITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WITHOUT LIMITING THE FOREGOING, TT WINE EXPLORER MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE WEBSITE WILL BE CORRECTED; AND, (VI) THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT WILL TT WINE EXPLORER AND/OR ITS PARTICIPATING WINERIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT,

TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TT WINE EXPLORER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS TT WINE EXPLORER’S LIABILITY OR YOUR REMEDIES.

9. Indemnification

By using this Website, you agree to indemnify, defend and hold harmless TT Wine Explorer and its participating winery producers, affiliates, partners, third party content providers and licensors (and each of their respective directors, officers, employees and agents) from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, legal fees) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Website, and/or (c) your activities in connection with the Website.

10. Privacy Policy Statement

The terms of TT Wine Explorer’s Privacy Policy  (“Privacy Policy”) are incorporated by reference into these Terms of Use. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

11. No Partnership or other Association

No agency, partnership, joint venture or employee-employer relationship between TT Wine Explorer and you or any participating winery is created by this Agreement.

12. Force Majeure

TT Wine Explorer will have no liability if it fails to perform any provision of these Terms of Use if TT Wine Explorer is prevented, forbidden or delayed from doing so as a result of (1) any provision of any present or future law or regulation; (2) any act or omission of a third party; or (3) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance, which is beyond the control of TT Wine Explorer.

13. General Provisions

You agree that TT Wine Explorer may make improvements and/or changes to the Website Content and services described in this Website at any time, without notice and without any liability to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TT Wine Explorer to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TT Wine Explorer in writing. The Terms of Use, along with the TT Wine Explorer Privacy Policy, comprises the entire agreement between you and TT Wine Explorer and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained here.

14. No Assignment

These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of TT Wine Explorer. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of TT Wine Explorer will be null and void. These Terms of Use will inure to the benefit of TT Wine Explorer’s successors, assigns, and licensors.