Welcome to the OnTap store!
Introduction to OnTap
OnTap is our B2B store which allows you (also referred to hereinafter as "your" or the "User") to purchase wholesale alcohol products directly from us.
Your Acceptance of Terms
The following standard terms and conditions (these "Terms"), along with our specific, additional terms (the "Additional Terms") govern your access and use of the OnTap store and application/platform (the "OnTap Store"), including all content, services and products available at or through the OnTap Store. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ONTAP STORE.
By accessing or using any part of the OnTap Store, you signify your agreement to be bound by all of these Terms and the Additional Terms. If you do not agree to these Terms and the Additional Terms, then you may not access the OnTap Store.
These Terms and the Additional Terms may be revised from time to time by updating this posting. You should visit this page regularly to review the current Terms and Additional Terms. Your continued access and use the OnTap Store after such posting will signify your acceptance of any revisions. If you do not agree to the revisions, discontinue use of the OnTap Store. These Terms were last updated on November 9, 2019.
The OnTap Store Platform
The OnTap Store is operated on a platform developed, owned and operated by Alpha51 Inc. ("A51"). A51 is not engaged in the selling of our products and is a technology company. We are simply using the platform of A51, including the OnTap Store (collectively, the "Application") to allow us to sell our products directly to you.
Types of Data Collected
Processing and Use of Personal Data Collected
The Personal Data concerning the User is collected to allow A51 to assist us in providing our services to you, as well as for the following purposes:
- Registration and authentication
- Contacting the User for announcements or support regarding the Application
- Application analytics
Registration and authentication:
By registering or authenticating through this Application, Users allow this Application to identify them and give them access to dedicated services. Third parties may provide registration and authentication services if the User chooses this option. In this case, the Application will be able to access some Personal Data, stored by these third party services, for registration or identification purposes. The registration and authentication options used by this Application include the following:
- Direct registration - The User registers by filling out the registration form and providing the Personal Data directly to this Application. Personal Data collected: email address, first name, last name and password. Place of processing: Canada;
- Google OAuth (Google Inc.) - Google OAuth is a registration and authentication service provided by Google Inc. and is connected to the Google network. Place of processing: USA
- Microsoft Live Connect, OAuth (Microsoft Corporation) - Microsoft Live Connect is a registration and authentication service provided by the Microsoft Corporation and is connected to the Microsoft network. Place of processing: USA
Personal Data will NOT be distributed or shared with other third parties without your expressed consent in any way or form.
In order to access the OnTap Store, you will be required to set up an account.
In order to access the OnTap Store, you and your authorized users must be at least 19 years of age (the legal age for purchasing alcohol in the Province of Ontario) and your establishment must hold from the Alcohol and Gaming Commission of Ontario ("AGCO") a valid license ("AGCO License"). A search tool is available for you to look up your license and auto-fill your establishment’s details in our application to apply to purchase from our OnTap Store.
You agree to maintain accurate, complete, and up-to-date information on your account. You are responsible for all activity that occurs under your account, and you agree, at all times, to maintain the security of your account, including all usernames and passwords. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Neither us nor A51 will be liable for any acts or omissions by you, including any damages, losses, liabilities, costs and expenses of any kind whatsoever incurred as a result of such acts or omissions.
Payment Profiles and Processing
Prior to being able to place orders, you must configure and save on the Application at least one valid payment profile. Supported profiles may include Electronic Fund Transfer ("EFT") and Credit Card ("CC") profiles. All EFT and CC payment profiles are stored on a server owned and operated by a third party payment processor, who has been retained to handle all payment transactions between you and us. A script, hosted by the provider, creates a single-use encrypted token to save the banking and CC data into a profile. Subsequent requests to use this profile are simply referenced by a alpha-numeric identifier.
No banking or CC numbers or information ever touch A51 or OnTap servers, only references to profiles located on our processor's servers.
Pre-Authorized Debit Authorization for EFT Payments and Authorization to Make Charges to your CC
We have the right to select payment options that are available to you, as indicated in the Additional Terms. Such payment options may be changed from time to time. If more than one option is offered, you will then have the right to choose which payment option you wish to use.
If an option for EFT payments is provided and you wish to use EFT for your payments, you hereby authorize us to withdraw funds from your bank account on file with us in accordance with the terms herein.
After you have placed an order, the funds relating to the price indicated on the invoice for such order will be withdrawn from your bank account after you have received delivery of our products for such order.
You hereby acknowledge and agree that the funds withdrawn from your account will vary depending on the products purchased by you for each order, as indicated in the order invoice.
If you wish to cancel EFT payments for future orders, you may do so by sending us an email to the address specified in the Additional Terms.
You have the right to receive reimbursement for any debit that is not authorized or is not consistent with the terms herein.
Cred Card Payments
If and option for CC payments is provided and you wish to use a CC for your payments, after you place an order, a pre-authorization will be performed on the CC entered into your payment profile to ensure available funds. Such pre-authorization will be held on the card for seven (7) days.
You hereby authorize us to perform a pre-authorization on your CC and to charge to your CC the amounts indicated in our invoice for orders made by you. Such charge will be made after delivery of the products pertaining to the order.
If you wish to cancel or change the CC on file with us, you may do so by sending us an email to the address specified in the Additional Terms.
Account Must be in Good Standing
In order to make orders, your account must be in good standing. This means that all previous deliveries must have been paid for in full. We reserve the right to suspend your account for any reason if we, in our sole discretion, are of the view that you are in violation of these Terms or the Additional Terms or of any applicable laws, rules and regulations.
Acceptance of Delivery
All deliveries of our products must be received/signed for by a person who is at least 19 years of age, the legal drinking age in the Province of Ontario.
Return and Refund Policy
For our return and refund policy, please refer to the Additional Terms.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Application. When using this Application, you may be charged by your network/data provider for data services or any other third party charges as may arise while using this Application and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from such bill payer. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application. A51 does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices.
Third Party Products and Services
A51 is the sole and exclusive owner of all right, title and interest, including copyright, in and to the Application. This Agreement does not transfer from A51 to you any A51 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with A51. Alpah51 and the OnTap, names and logos and all other trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of A51 or A51’s licensors, as the case may be. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any A51 or third-party trademarks, service marks, graphics and logos.
Warrants and Representations
You warrant and represent that (i) your establishment holds a valid AGCO license; (ii) you will, and will cause all of your authorized users to, comply with all AGCO rules and regulations, as wll as all other applicable laws, rules and regulations applicable to the purchase of alcohol in the Province of Ontario and/or when making purchases through the OnTap Store.
Termination and Survival
We or A51 may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply cancel it by sending an email to the address set forth in the Additional Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers of warranties, warranties and representations, indemnities, limitations of liability, governing law/venue provisions.
Disclaimer of Warranties
YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND A51 DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NEITHER US NOR A51 MAKES ANY WARRANTY THAT (I) THE APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR ANY OF THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION WILL BE CORRECT, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, (V) DATA WON'T BE LOST AND UNRECOVERABLE, (VI) THAT DEFECTS OR ANY ERRORS IN THE APPLICATION WILL BE CORRECTED, OR (VII) THAT THE APPLICATION OR THE SERVERS THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT OR COMPONENTS. NEITHER WE NOR A51 MAKES ANY WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION OR ANY OTHER THIRD PARTY PRODUCTS OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NEITHER WE, NOR A51 OR ANY THIRD PARTY PROVIDERS ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE APPLICATION AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
Limitation of Liability
NEITHER WE NOR A51, INCLUDING OUR RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSORS AND SUPPLIERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS AND CONTRACTORS ("THE GROUP"), SHALL BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES OR INJURIES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR INABILITY TO USE, THE APPLICATION OR ANY PART THEREOF, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR INJURY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT LIMITING THE GENERALITY OF ANYTHING CONTAINED IN THE DISCLAIMER OF WARRANTIES AND THE FOREGOING LIMITATION OF LIABILITY PROVISIONS, YOU ACKNOWLEDGE AND AGREE THAT A51 IS NOT ENGAGED IN THE SELLING, AND IS NOT AN AUTHORIZED SELLER, OF ALCOHOL PRODUCTS. YOU FURTHER ACKNOWLEDGE AND AGREE A51 DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU RELATED TO ANY ORDERS, TRANSPORTATION OR LOGISTICS SERVICES PROVIDED IN CONNECTION WITH ANY ORDERS MADE THROUGH THE ONTAP STORE. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless THE GROUP from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees (collectively, "Claims"), that arise from your use or misuse of the Application or the content therein, including, without limitation, your violation of these Terms. We or A51 reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences and, in addition to the foregoing, be solely responsible for all costs and expenses incurred in connection with assuming such defence.
Governing Law and Jurisdiction
These Terms and the Additional Terms shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms or the Additional Terms or your use of the Application shall be filed only in the applicable courts sitting in the Province of Ontario or the Federal Court of Canada, and you further agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
A waiver by any of A51, us or you of any term or condition of these Terms or the Additional Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Integration and Severability
These Terms and the Additional Terms constitute the entire agreement amongst A51, us and you with respect to the Application, and these Terms may only be modified by the posting by A51 of a revised version, and the Additional Terms may only be modified by the posting by us of a revised version, as contemplated herein. If any provision of these Terms or the Additional Terms shall be unlawful, void, or for any reason invalid or unenforceable, then that provision shall be deemed severable from these Terms and the Additional Terms, as applicable, and shall not affect the validity or enforceability of all other remaining provisions, all of which shall remain in full force and effect.