“Disputes” has the meaning prescribed under Section 18.
“Distribute” means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.
- "includes" and "including" means including without limiting the generality of the foregoing.
“Licence” has the meaning prescribed under Section 8.
“Marks” means the SOLBRU name and logos, SOLBRÜ, and any other trademarks, trade dress, designs, trade names, domain names and logos appearing on or in connection with the Service.
- “person” includes natural persons and any type of incorporated or unincorporated entity.
“Registration Data” has the meaning prescribed under Section 9.
“registered user” means a person who has created and registered an account with the Service.
“Service” means the Site, as well as any online services offered on the Site by Solbru, including providing information on non-alcoholic beverages and online retail services.
- "Site" means this website, having the URL https://www.solbru.com/ as well as any related applications made available by Solbru on the Site and in any app stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including, but not limited to, content, user interfaces, visual interfaces, applications, software, information, photographs, images, ideas, illustrations, audio clips, video clips, data, code, designs, pictures, graphics, text, files, icons, user accounts, titles, themes, objects, techniques, databases, dialogue, locations, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, company names, the Marks, trademarks, logos and trade names or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Site or the Service, including the manner in which the said content and information is presented or appears, together with all intellectual property rights therein.
- "use" or “uses” includes accessing, registering, viewing, reading, copying (whether in whole or in part), creating an account, Distributing User Content, and purchasing.
“User Content” means any and all content, material and information Distributed by users via the Service, including any user-generated content about Solbru’s products and services, including questions, suggestions, information, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, audio, videos, images, data, concepts, designs, product names, photographs, or other content or material, including any intellectual property rights relating thereto.
Your use of the Service includes the ability to enter into agreements and/or to make offers to purchase electronically. IF YOU CHOOSE TO ENTER INTO AGREEMENTS AND/OR TO MAKE OFFERS TO PURCHASE ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOUR ELECTRONIC COMMUNICATIONS ARE SUFFICIENT TO CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC COMMUNICATIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE AND THE SERVICE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 3. Permission to Use the Service
The Service provides information about non-alcoholic beverages including but not limited to recipes, blogs and event information, and provides products and online retail services. 6. Ownership of the Service
The Service is the proprietary property of Solbru Inc., its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws. 7. Trademarks
(a) Order Acceptance
Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell.
All prices and other amounts appearing on the Service are quoted in Canadian dollars. Your properly completed and delivered electronic order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation email to your email address. That order acceptance confirmation email constitutes our acceptance of your order and forms a legally binding contract between you and Solbru. (b) Payment
Solbru accepts major credit cards, including Visa and Mastercard. Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when we have sent the order acceptance confirmation email to you. When you submit your electronic order form, you agree to pay in full for all products and services purchased through the Service, and you agree that Solbru may charge your credit card or payment account for any product or service purchased, including any applicable shipping, handling or processing fees, and for any additional amounts (including any taxes, customs fees and late fees, as applicable) as may be accrued to or in connection with your account. Purchases will include appropriate sales tax based on where the product or service is shipped and the sales tax rate(s) in effect at the time your order invoices. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS. (c) Changes/Corrections/Availability
Solbru reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale. (d) Misprints and Errors
Solbru endeavours to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Solbru cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. Solbru does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete. (e) Your Information
We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change. (f) Encryption
The Service uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, Solbru cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT SOLBRU WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION. 11. Discounts and Promotions
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you Distribute via the Service. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD SOLBRU HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU DISTRIBUTE VIA THE SERVICE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
As a condition of using the Service, you agree to all of the following:
- You may be required to select a user name and password to access certain aspects of the Service, including to purchase products and services. You are responsible for maintaining the confidentiality of your user name and password.
- You are responsible for all activity that occurs under your user name.
- You are solely responsible for your conduct and any User Content that you Distribute on the Service or that you allow others to Distribute on the Service.
- You will not Distribute any User Content to, on or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, slanderous, pornographic, invasive of another's privacy, or hateful.
- You will not Distribute any User Content that infringes or violates a patent, trademark, trade secret, copyright or other intellectual property rights of another person or entity, or that violate any right of privacy, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- You will not transmit any worms or viruses, spyware, malware, bugs or any other harmful or destructive code to or through the Service.
- You will not Distribute to users any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, federal, provincial or local laws in your jurisdiction (including but not limited to intellectual property laws, criminal laws against money laundering, or tax laws).
- You will not "stalk" or otherwise harass anyone on or through the Service.
- You will not pretend that you are, or that you represent, someone else, or impersonate any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You will not access another registered user’s account without that registered user’s permission, nor will you compromise another registered user’s account. You agree that if such acts are brought to the attention of Solbru, Solbru may (1) immediately terminate your account, if any; and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.
- You will not violate nor attempt to violate the security of the Service, including, without limitation:
- accessing data not intended for you, including logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
- using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
- taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Solbru’s systems or networks, or any systems or networks connected to the Service or to Solbru’s systems;
- conducting a reverse look-up, tracing or seeking to trace any information on any other user to its source, or exploit the Service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
- attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
- disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Solbru’s ability to monitor or make available the Service; or
- taking any action in order to obtain services to which you are not entitled.
- You shall not transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.
- You shall not transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch".
- You shall not sublicence, reproduce, duplicate, copy, rent, lease, sell, resell, exploit, redistribute, modify, create derivative works from, reverse engineer, broadcast, Distribute, disseminate, decompile, publish, transmit, translate, adapt or vary any of the Service, or any portion thereof, including but not limited to the Site, in any form or by any means whatsoever, be they physical, electronic or otherwise.
- You shall not remove any copyright, trademark or proprietary notices from any copies of the Service.
- You shall not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service.
- Your use of the Service cannot in any way harm or prejudice the image or perception of the Service or Solbru to others receiving the information on the Service.
14. Links to Other Sites & Resources
While the Service may contain links to external sites or resources, Solbru is not responsible for the content of any of the linked external sites or resources. Solbru provides these links as a convenience. SOLBRU DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that Solbru 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 reliance on any such content, products or services available on or through any such external sites or resources. The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of Solbru. SOLBRU NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN AUTHORIZED SOLBRU EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. 15. Disclaimers and Limitation of Liability
and The International Sale of Goods Act (Manitoba)
All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement. (g) Unsolicited Commercial Electronic Messages
The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM. (h) Currency
Contact Us If you have any questions, concerns or comments, please contact us at: Solbru Inc. Mailing Address: 160 Charing Cross Crescent, Winnipeg, MB, R2N1P6 Telephone No.: 204-799-6475 E-mail: firstname.lastname@example.org © Copyright (2021) Solbru Inc. All rights reserved.