TERMS AND CONDITIONS OF USE

 

Please read these terms and conditions of use carefully before using the BCLIQUOR website at www.bcliquorstores.com (the “Website”).

The Website is owned and operated by His Majesty the King in the right of the Province of British Columbia as represented by the General Manager of the Liquor Distribution Branch (“LDB”) (collectively, the “Province”, “we”, “us” or “our”).  By continuing to use the Website, you, the person accessing the Website and any other person or entity you represent (collectively, “you” or “your”), agree to comply with and be bound by all of the terms and conditions set out, or otherwise referenced, below. 

We reserve the right, at our sole discretion, to modify any of our terms and conditions at any time without notice, and such modifications shall be effective immediately upon posting of the modified terms and conditions.  We also reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the services provided via the Website with or without notice, and without any liability, to you.

From time to time we may present you with additional terms and conditions in respect of certain service offerings made available via the Website, which you will need to agree to in order to use these services.  These additional terms and conditions may include specific purchase terms and conditions, permit terms and conditions or, in the case of social media channels, engagement and moderation terms.

By accessing this Website, you represent and warrant that you are 19 years of age or older.

If you do not agree to all of these terms and conditions, you may not use the Website.

 

Content ACCURACY, Revisions AND CORRECTIONS

While we use reasonable efforts to ensure that all content provided on the Website, including but not limited to text, forms, product descriptions and pricing, moving images, photographs, sounds, music and any other materials or information, (collectively, “Content”) is accurate and current, such accuracy and currency cannot be guaranteed.  Your reliance on any Content is at your own risk and the Province will not be held liable for any Content inaccuracies or omissions, including without limitation those that relate to product descriptions or depictions, pricing, promotions, offers, transit times or availability.  

All prices shown on the Website are in Canadian currency. Prices shown do not include container deposit costs, where applicable.  In the event of a discrepancy with the prices shown online and the prices at a BCLIQUOR store the price at the BCLIQUOR store will prevail. Not all products shown on the Website are available at every BCLIQUOR store. 

All Content is subject to change without notice and we reserve the right, at any time and without prior notice, to correct any errors or omissions, and to change or update Content if any Content on the Website is inaccurate.  

 

NO REPRESENTATIONS OR WARRANTIES

WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES.

 

LIMITATION OF LIABILITY 

NEITHER THE PROVINCE, ITS EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PROVIDING OR DELIVERING THE WEBSITE OR ANY CONTENT, WILL BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF USE, DATA, INFORMATION OR PROFITS, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACT. THIS LIMITATION APPLIES EVEN IF THE PROVINCE HAS BEEN ADVISED OF, OR FORESEES, THE POSSIBILITY OF ANY DAMAGES OCCURRING. 

 

INDEMNIFICATION

You agree to defend, indemnify and hold the Province, its employees, agents and other representatives harmless from any and all liabilities, costs and expenses, including reasonable legal fees, arising from any act or omission, or violation of these terms and conditions, by you or in any way connected with your access to or use of the Website.

 

IDENTITY AND ACCESS MANAGEMENT PLATFORM AND USER ACCOUNTS

The Province provides an Identity and Access Management platform (“IAM”) as a singular entry point for this Website and our other commercial website(s) (collectively, the “Commercial Websites”), where individuals and businesses can enter into purchase transactions, obtain “Special Event Permits” or other permits or licenses (collectively, “Permits”) and/or conduct other business with the LDB.  Users of IAM must establish a user account (“User Account”) and the user may subsequently access one or more of the Commercial Websites, in association with that individual’s personal User Account and in accordance with their associated access permissions, by way of a single sign-in through IAM.

If you have applied for and been provided with a User Account, you must adhere to all security policies, standards or procedures issued by the Province in relation to your login and password, your User Account and your use of the Commercial Websites.

You are solely responsible and liable for maintaining the security of your login and password and for any use or misuse of your User Account.  You will not: a) permit any third-party to use your login name or password; b) divulge, share or compromise your User Account password; c) use or attempt to use the login name of any other person; d) test or examine the security related to your or any other person’s User Account; e) take any action that might reasonably be construed as compromising, altering or rendering ineffective the Commercial Websites; or f) decompile, disassemble or reverse engineer the Commercial Websites. 

You must immediately notify the LDB Customer Care Centre if your login name and/or password: a) are lost or stolen; b) have been used without authorization; or c) have been compromised. 

All User Accounts are the property of the Province and may be cancelled by the Province at any time and for any reason without any notice or liability to you or any other person. The Province is not under any obligation to verify the actual identity or authority of the user of any login name or password. 

 

PRIVACY 

Your submission of personal information through the Website is governed by the Province’s Privacy Policy. To view the Province’s Privacy Policy, click here.

You hereby authorize the Province to collect and retain all relevant information relating to your access to and use of the Website. You further authorize any third party service provider acting on the Province’s behalf to provide the Province with such information, and the Province’s indirect collection of any of your personal information from our service providers. This consent is effective on the date the information is collected and does not expire.

 

TERMS AND CONDITIONS ASSOCIATED WITH ALL SOCIAL MEDIA CHANNELS

In order to participate in any social media channels offered by the LDB, you must be, and you represent and warrant that you are, at least 19 years of age.  

These social media channels are actively monitored and may be edited by the monitors for clarification or to remove content that is offensive, or may be offensive, to an individual or organization or that is harassing or otherwise unacceptable.  Your posts may be removed and your access to the social media channels may be suspended if your posts:

  • are racist, hateful, sexist, homophobic, slanderous, insulting, or threatening 
  • contain abusive, obscene, indecent or offensive language
  • include defamatory, abusive, harassing or hateful remarks
  • make unproven or unsupported accusations against individuals or organizations
  • constitute spam or promote services or products (i.e. are advertising in their approach)
  • invade anyone’s privacy or impersonate anyone
  • are far off-topic or deviate from the flow of polite debate and discussion
  • are posted without the necessary rights, licenses and consents
  • encourage conduct that may or would constitute a criminal offence or give rise to civil liability, or that otherwise violate any local, provincial, national or international law or regulation 
  • contain long embedded URLs
  • contain excessive links or contain code
  • identify any publicly-elected representative or candidate regardless of their political affiliation, whether those comments are supportive or critical
  • are contrary to the principles of the Canadian Charter of Rights and Freedoms

To protect your own privacy and the privacy of others, please do not include any personal information, including phone numbers and e-mail addresses in the body of your post.  Please do not share personal information about others, including pictures.

 

LINKS TO OTHER WEBSITES 

Throughout the Website, for your convenience and reference only, the Province may provide links to or embed information from other third party websites, including in relation to liquor and related products.  These websites are independent from the Province and the Province does not endorse, recommend, control or make any representations, warranties or conditions concerning their contents or links or any such businesses themselves.  Reference on the Website to any other information by trade name, trademark, manufacturer, supplier or otherwise is not to be construed as an endorsement, sponsorship or recommendation of any such entity, services or products. 

It is your responsibility to verify any information contained within linked websites before relying on it. Also, the information contained in the links or the linked websites may be changed or updated at any time without notice. Linked websites are likely to have their own terms and conditions that you should locate and review, and any personal information collected from you at such websites is collected solely by that website provider in accordance with their own privacy policies.

We may provide you with access to optional third-party services and tools that the Province does not monitor and does not have any input or control over. For example, we may use third-party services or tools, such as Google Maps, for locator maps. See the Google Maps Terms and Conditions and Earth Enterprise Universal Acceptable Use Policy that apply to your use of embedded Google Maps information.  You acknowledge and agree that the Province provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Province shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

COPYRIGHT

The Content is owned or used under license by the Province (unless otherwise noted), and protected by domestic and international copyright and other laws.  The Content may not be reproduced or redistributed without the prior written permission of the Province or other owner(s).

 

TRADEMARKS AND OFFICIAL MARKS

“BCLIQUOR”, “BCL”, the “SELECT” & Concentric Circles Design, the “BCL” & Bottle Design, the “BCL” & Bottle Design (red background)”, “HAND PICKED JUST FOR YOU”, “BCLIQUOR STORE”, the “CELEBRATE LIFE… ENJOY RESPONSIBLY” Design, “CELEBRATE LIFE… ENJOY RESPONSIBLY”, the “BCLIQUORSTORES” Design, and all other marks appearing on the Website are trademarks and/or official marks of the Province or are used and reproduced with permission. All such marks may not be used or reproduced without the prior written permission of the Province or other owner(s).

 

VIRUSES AND OTHER PROHIBITED USES

You must not input or upload any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage or interfere with the performance or function of the Website.  The Province assumes no responsibility or liability for any damages to, or viruses that may infect, your computer equipment or other property in connection with your access to or use of the Website or your downloading or uploading of any data, text, images, files or other materials from or to the Website.

You are prohibited from using the Website or any Content: a) for any purpose that is contrary to these terms and conditions; b) for any unlawful purpose; c) for the purpose of violating international, federal or provincial laws or regulations; d) to infringe upon or violate the Province’s intellectual property rights or the intellectual property rights of others; e) for collecting or tracking the personal information of others; f) to spam, phish, pharm, pretext, spider, crawl or scrape any Content, including product information or pricing; g) to interfere with or circumvent the security features of the Website, any other websites or the internet; or h) in any way that could damage, disable, overburden or impair the Website, or interfere with anyone else’s use of the Website.

You may not provide any links to the Website or any Content without the prior written permission of the Province. Any such permission may be revoked by the Province at any time in its sole discretion.

 

WAIVER

The Province’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or rights contained in these terms and conditions.

 

TERMINATION

The Province reserves the right to terminate your User Account and access to the Website or Content at any time, in its sole discretion and for any reason whatsoever, without notice and without any liability to you.

If your permission to access or use all or any part of the Website is terminated by the Province, then these terms and conditions and all other existing agreements in place between you and the Province at that time will continue to indefinitely apply and be binding upon you regarding your prior access to and use of the Website and anything connected with, relating to or arising from your use of the Website.

 

GOVERNING LAWS

The provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia shall govern these terms and conditions. You agree to be bound by the laws of these jurisdictions and all disputes relating to or in any way arising under these terms and conditions will be finally settled in, and the parties hereby attorn to the exclusive jurisdiction of, the Supreme Court of British Columbia sitting in the City of Victoria, British Columbia.

The information contained in this Website does not replace the British Columbia’s Liquor Distribution Act. In the case of a discrepancy between the information contained on this Website and the Liquor Distribution Act, the Liquor Distribution Act shall govern.

 

SEVERABILITY

If any provision of these terms and conditions or the application of them to any person or circumstance is deemed by a court to be invalid or unenforceable to any extent, the remainder of these terms and conditions and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.

 

CUSTOMER CARE CENTRE

For any questions or assistance, you may require, please visit the Contact Us page.

 

MISCELLANEOUS 

The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms.