PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONSUMPTION OF ALCOHOL.  ALCOHOL SHOULD BE CONSUMED RESPONSIBLY AND IN ACCORDANCE WITH ALL APPLICABLE LAWS

Access and use of this application (the “App”) is provided by 93080810 Quebec Inc. (“Quench”, “we” and “us”) to you on condition that you accept these Terms of Use, and by accessing or using the App, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you may not access or use the App.

These Terms of Use govern the relationship between you, the User (as defined below) (“you”), and Quench with respect to your use of the App. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

THE PURPOSE OF THE APP IS TO PERMIT YOU TO VIEW MARKETING OFFERS FROM VENDORS SELLING ALCOHOLIC BEVERAGES. QUENCH IS NOT RESPONSIBLE FOR: (I) ANY CONSUMPTION BY YOU OR ANY THIRD PARTY OF ANY ALCOHOLIC BEVERAGE OR ANY CONSEQUENCES THAT FLOW THEREFROM; (II) ANY INFORMATION POSTED ON THE APP; OR (III) ANY MENTAL OR BODILY INJURY, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTIONS, SUSTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE APP. THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN SECTION 14.

  1. JURISDICTION

You understand that aspects of the App may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use the App where these activities occur.

Furthermore, if you reside in a jurisdiction where it is forbidden by law to participate in the activities offered by the App, you may not enter into this agreement or use the App. By using the App you are explicitly representing that you have verified that your use of the App is allowed in your own jurisdiction.

Your Account may be deleted, and these Terms of Use may be suspended or terminated without warning, if we believe that your use of the App is not allowed.

If you reside in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use the App. Minors are not permitted to use the App.

By using this Site you are explicitly representing that you have verified that your use of the App is allowed in your own jurisdiction.

  1. PRIVACY

Quench is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the App. Please see our Privacy Policy for further details and contact information for our Privacy Officer.

You acknowledge and agree that access to and use of the App is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

  1. ACCOUNTS

In order to access and use certain of the App available on this, you may need to sign up for, open and maintain an account (“Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account. You agree that Quench may terminate your Account at any time, in its sole and absolute discretion, and without any compensation of any kind to you whatsoever. You also agree that Quench may elect, in its sole and absolute discretion, not to permit you to create an Account.

During the registration process, we may collect your corporate name, address, email address, phone number, bank account information, payment information, username, and password. Your information may be used by us in connection with the App or your use of the :

  • to verify your eligibility to create and to maintain your Account;
  • to ensure that your Account, including your username, is unique;
  • to enable us to provide certain security and privacy safeguards;
  • to deal with security, debugging and technical support issues;
  • for billing and payment-related issues;
  • to protect ourselves and others from abuse;
  • to conduct a criminal or other background check in relation to you; and
  • to comply with law.

All of the information you provide to us or that we collect from you in connection with your use of the App will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.

You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use the App and, in our sole discretion, to report you to appropriate authorities.

You must not choose a username that infringes the rights of any third party, impersonates any Quench employee, other user, celebrity or any famous person or entity, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

You cannot transfer your Account to any other person. or permit anyone to use it.

You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. You agree that we shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

  1. PERSONAL USE ONLY

The App is only for personal use. You may not use the App to carry on a commercial enterprise or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

  1. CODE OF CONDUCT

You may not interfere with the security of, or otherwise abuse the App or any system resources, services or networks connected to or accessible through the App. You may only use the App for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Quench’s computer systems or perform functions that you are not authorized to perform.

Quench may, without notice, and without any liability to you of any kind or for any reason, suspend your, or any other party’s, access to the App by deactivating any Account, password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any unauthorized manner. These suspensions will be for such periods of time as Quench may determine, in its sole and absolute discretion, are necessary to permit the thorough investigation and mitigation of such suspended activity.

While using the App you agree to comply with all applicable laws, rules and regulations, including without limitation any laws governing the sale of alcoholic beverages and the transmission of commercial electronic messages or similar. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the App.

You agree not to post anything on the App, or communicate with Users in any way that:

  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  • is bigoted, hateful, or racially or otherwise offensive;
  • is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  • is misleading, untruthful or inaccurate;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including without limitation a submission that is, or represents an attempt to engage in, the illegal sale of alcoholic beverages, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
  • infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (iii) any confidentiality obligation.

You acknowledge that Quench may remove, delete or edit any post, information or content provided by you for any reason whatsoever, including non-compliance with the foregoing.

  1. AVAILABILITY

While we endeavor to keep downtime to a minimum, we can’t promise that the App will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend the App, or any part thereof, with or without prior notice for any reason.

  1. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use the App and that you shall be solely responsible for all charges and fee related thereto.

  1. CHANGES TO SITE AND CONTENT

Quench may revise, supplement or delete information, services and/or the resources contained in the App and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i)the terms and conditions of these Terms of Use; (ii) the App, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the App or the hours that they are available; (iii) any fees or charges, if any, related to the use of the App; and (iv) the equipment, hardware or software required to use and access the App.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of the App after such notice will be deemed acceptance of such changes. Be sure to return to the App periodically to ensure you are familiar with the most current version of these Terms of Use.

  1. LINKED WEBSITES

The App may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Quench monitors or endorses these websites. Quench does not accept any responsibility for such websites. Quench shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

  1. INTERNET SOFTWARE OR COMPUTER VIRUSES

Quench shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the App or other content. Quench suggests that you take prudent action to protect yourself, such as installing appropriate anti-virus or other protective software.

  1. PAYMENT

You agree to pay any fees related to your use of the App that may be imposed by Quench from time to time, including without limitation any subscription fees or fees for alcoholic beverages purchased from vendors through the App.

If you wish to make purchases through your Account, you must provide us with a valid Visa® card number, or PayPal account, or such other acceptable form of payment as we may permit from time to time. By submitting this information to us, you give Quench permission to charge your order to the card or account that you designate. You agree that, under no circumstances, including without limitation Account termination or suspension, will Quench provide you with any refund of any amount paid. Unless otherwise agreed to at the time of account creation, Quench will bill you in monthly installments for any Account fees.  Under no circumstances will we be responsible: (i) for any charges that your financial institution may apply to you as a result of our processing your order; (ii) if your financial institution refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery arising from any validation checks that may be carried out regarding your payment or identification.

Fees for use of the App are non-refundable for any reason whatsoever.  You agree that you will not dispute any charges related to the App.

  1. INTELLECTUAL PROPERTY

The App is owned and operated by Quench and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade-names, Internet domain names, notice and notice rights, and other similar rights under the laws of Ontario, Canada.

To the extent that you use the App to post, display or otherwise make available text, images, video recordings, audio recordings, or any other information capable of protection by intellectual property laws or other exclusive rights, you agree to grant, and hereby grant, Quench a perpetual, non-exclusive, royalty-free, worldwide license to reproduce, display, alter, or otherwise make available such works. Further, you agree to waive, and hereby waive, any moral rights, personality rights, publicity rights and similar that you may have in same.

  1. SITE AND SERVICES PROVIDED “AS IS”

THIS SITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON) AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. QUENCH DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF CERTAIN STATUTORY WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION WILL ONLY APPLY TO THE EXTENT PERMITTED.

  1. LIMITATION OF LIABILITY

IT IS YOUR SOLE RESPONSIBILITY TO CONSUME ALCOHOLIC BEVERAGES RESPONSIBLY.

QUENCH DOES NOT SELL ALCOHOLIC BEVERAGES OR ANY OTHER SIMILAR PRODUCTS. WE DO NOT TAKE RESPONSIBILITY FOR ANY INFORMATION OR CLAIM MADE BY ANY USER OF THE APP. WE DO NOT GUARANTEE THAT VENDORS WHO MARKET ALCOHOLIC BEVERAGES ARE LICENSED TO DO SO, OR ARE LOCATED IN THE GEOGRAPHICAL LOCATIONS CLAIMED. WE DO NOT CERTIFY OR TRAIN OUR MEMBERS OR USERS IN ANY MANNER. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT INFORMATION, ADVICE OR SIMILAR PROVIDED BY OUR MEMBERS OR USERS, INCLUDING PRICING INFORMATION, WILL BE TRUTHFUL, ACCURATE OR RELIABLE IN ANY WAY.

AS BETWEEN YOU AND QUENCH, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN PARTICULAR, YOU ASSUME ALL LIABILITY AND RISK FOR ANY INJURY WHATSOEVER, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTION, SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ALCOHOLIC BEVERAGES YOU CONSUME, WHETHER MARKETED THROUGH THE APP OR OTHERWISE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS QUENCH FROM ANY CLAIM RELATED TO ANY ALCOHOLIC BEVERAGE CONSUMED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE NATURE OF THE CLAIM.

YOU AGREE THAT IN NO EVENT SHALL QUENCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE APP, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

QUENCH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE APP BY YOU IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE VALUE OF ANY FEES PAID BY YOU TO QUENCH AS OF THE TIME AT WHICH THE SUBJECT MATTER GIVING RISE TO YOUR CLAIM AGAINST QUENCH AROSE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION WILL ONLY APPLY TO THE EXTENT PERMITTED.

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS’ AND OTHER FEES AND COSTS, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE, NEGLIGENCE, OR BREACH OF LAW FOR WHICH YOU ARE RESPONSIBLE, INCLUDING WITHOUT LIMITATION ANY CLAIM BY ANY USER IN RELATION TO ANY LOSS OF LIFE OR LOSS OF BODILY FUNCTION SUSTAINED BY ANY USER OR THIRD PARTY, OR ANY OTHER CLAIM MADE IN RELATION THERETO, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR MENTAL DISTRESS OR SIMILAR.

  1. TERM & TERMINATION

You acknowledge and agree that access to the App may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Quench shall not, in any event, be responsible to you in any way should you be unable to access the App at any time or from time to time.

Quench may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the App and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of the App.

You may terminate your relationship with Quench under these terms of use at any time by requesting that your Account be deactivated. In no event shall termination of these Terms of Use relieve you of any payment obligation owed to Quench that has accrued prior to the time of termination.

Sections 13 – 18 will survive any termination or expiry of these Terms of Use.

  1. NOTICE

If you need to contact us regarding the App or these Terms of Use, please e-mail us at info@quenchclub.ca.

  1. YOUR COMMENTS

Feel free to email your comments, suggestions and feedback (“Comments”) to Quench at the e-mail addresses provided in the App. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Quench is not liable for any damages related to communications to or from the App. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Quench has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Quench may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful, do not violate the legal rights of others, and are not the property of others.

  1. MISCELLANEOUS

These Terms of Use is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to the exclusive personal jurisdiction of the courts located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the App or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the App, which cannot be amicably resolved, (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Ontario courts, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Quench relating to any Claim; (ii) opt out of any class proceedings against Quench; and (iii) waive, to the fullest extent permitted by law, any right of appeal.

Notwithstanding the foregoing, Quench reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use (which incorporate by reference our Privacy Policy) set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Quench’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on February 20, 2019.

YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONSUMPTION OF ALCOHOL.  ALCOHOL SHOULD BE CONSUMED RESPONSIBLY AND IN ACCORDANCE WITH ALL APPLICABLE LAWS