1. INTRODUCTION
Welcome to Always Dial A Bottle Toronto!
Always Dial A Bottle Toronto owns and operates the website and associated services at: https://always-dialabottle-toronto.com/
These Terms and Conditions ("Terms") apply to your use of the delivery service ("Service") provided by Always Dial A Bottle Toronto ("we," "our," "us") in Ontario, Canada. Please note that your use of the website is subject to the following Terms and Conditions, which comprise an agreement between users of the website and Always Dial A Bottle Toronto (this "agreement"). If you do not agree with any of these Terms and Conditions of Service, do not access or otherwise use the website or any information or materials contained on the website. Your use of the website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth below. The Terms and Conditions of Service may be updated by Always Dial A Bottle Toronto from time to time with or without notice to you. Your continued use of the website indicates acceptance of any modifications to the terms of service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
Always Dial A Bottle Toronto is a licensed alcohol delivery service operating in compliance with all applicable laws, including the Liquor Control Act of Ontario and other provincial and federal regulations governing the distribution, and delivery of alcohol.
2. GENERAL TERRMS AND CONDITIONS
These Terms and Conditions, together with our Privacy Policy constitute the entire agreement between the parties relating to the website, the Service and all related activities. These Terms and Conditions shall not be modified except in writing signed by both parties or by a new posting of these Terms and Conditions issued by Always Dial A Bottle Toronto. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions (and any other documents referenced herein) shall be governed by the laws of the Province of Ontario without regard to choice of law principles. The failure of Always Dial A Bottle Toronto to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Always Dial A Bottle Toronto must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms and Conditions, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Always Dial A Bottle Toronto’s prior written consent. We may assign these Terms and Conditions to anyone at any time.
3. SERVICE OVERVIEW
Always Dial A Bottle Toronto provides delivery services to customers located in Ontario. Through our platform (website, mobile application, or phone orders), users can place orders for alcohol and related products, which will be delivered directly to their specified location.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to be discontinued at any time.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. The vintage year displayed on the product image may differ from the stock available.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. ACCURACY OF ORDERING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or order address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments;
(c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9. RESTRICTIONS ON USER CONTENTS
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the app/website by viewers or Users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or Users. This means that the viewer or User, and not Always Dial A Bottle Toronto, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Always Dial A Bottle Toronto does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Always Dial A Bottle Toronto be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service. Always Dial A Bottle Toronto reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(a) Satisfy any applicable law, regulation, legal process or governmental request,
(b) Enforce these Terms of Use, including investigation of potential violations hereof,
(c) Detect, prevent, or otherwise address fraud, security or technical issues,
(d) Respond to User support requests, or
(e) Protect the rights, property or safety of our Users, drivers and the public.
(f) In using the app/website, you shall not copy any content unless expressly permitted to do so herein;
(g) Upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
9.1 You do not have a right to make available under any law or under a contractual relationship;
(a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the app/website or that of any Users or viewers of the app/website or that compromises a User’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(b) Impersonate any person or entity or misrepresent their affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the app/website or impersonate another person or organization;
(d) Interfere with or disrupt the app/website or drivers or networks connected to the app/website, or disobey any requirements, procedures, policies or regulations of networks connected to the app/website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(e) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(f) Collect or store personal data about other Users or viewers, without their permission;
(g) License, sell, rent, lease, transfer, assign, distribute, or host the app/website;
(h) Modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the app/website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or Register for the Service on behalf of a group or corporate entity.
(i) You also agree not to access the app/website in a manner that utilizes the resources of the app/website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this app/website.
10. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. LINKS AND THIRD -PARTY WEBSITES
This app/website (including User Content) may contain links to other websites that are not owned or controlled by Always Dial A Bottle Toronto. In no event shall any reference to any third-party, third-party product or service be construed as an approval or endorsement by Always Dial A Bottle Toronto of that third party, third party product or service.
Always Dial A Bottle Toronto is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the app/website of a link to any other website(s) does not imply that Always Dial A Bottle Toronto endorses or accepts any responsibility for the content or use of such websites, and You hereby release Always Dial A Bottle Toronto from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While Always Dial A Bottle Toronto does not prohibit linking to third party website and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content as set out in these Terms and Conditions. Always Dial A Bottle Toronto reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to 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) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Always Dial A Bottle Toronto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Always Dial A Bottle Toronto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
19. GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
20. CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
21. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at contact@always-dialabottle-toronto.com