The following Terms and Conditions apply to users, viewers and all people who access this Website. This Website is operated by Topikos Spirit & Beverage Company, the parent company of which is Topikos Spirit & Beverage Company, registered in Ontario with company number 1000244177 and registered office at 2 Paxman Road, Toronto, ON Canada M9C 1B6.

Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

All references to “our”, “us”, “we” or “Company” within this policy are deemed to refer to Topikos Inc, its subsidiaries, owners, affiliates and associates.

INTRODUCTION

1. Your access to and use of this Website is subject to all applicable laws and regulations which apply to this site, to the Internet, as well as these terms and conditions. Your accessing of this Website constitutes acceptance of these Terms and Conditions without reservation, limitation or qualification.

2. Topikos Inc may revise these Terms and Conditions at any time by updating this posting.

3. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. The information posted herein is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this Website is strictly on an “as is” basis, and you must not assume that this Website will be error free or that it will operate without interruption or as intended.

4. This Website is maintained exclusively for the personal use and entertainment of persons resident in jurisdictions where the consumption and use of alcohol is permitted and who are of legal age for the consumption of alcohol in those jurisdictions. You may not use this Website if you are not of legal drinking age in the jurisdiction from which you are accessing this site, it is otherwise illegal for you to access, view and/or use this site, or if the consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in your jurisdiction. If any of these conditions apply to you, please leave this Website immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.

INTELLECTUAL PROPERTY

5. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trademarks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licenced by Topikos Inc.

6. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the Topikos Inc brand are owned by Topikos Inc.

7. Without prejudice to clause 3 of these Terms and Conditions, any other product names and images used in this Website are for identification purposes only. All trademarks and registered trademarks included in such product names and images are the property of their respective owners.

8. Material from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of Topikos Inc.

9. Any rights not expressly granted in these Terms and Conditions are reserved. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed on this Website without the prior written permission of Topikos Inc or any third party that may own any such item displayed on the site.

SERVICE ACCESS & ACCEPTABLE USE

10. Topikos Inc shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

11. Without prejudice to clause 8, Topikos Inc reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

12. You shall keep any passwords and usernames allocated to you confidential and Topikos Inc reserves the right to suspend or terminate the username and password if Topikos Inc suspects non-compliance by you with these Terms and Conditions.

13. You may use the Website only for lawful purposes. You may not use the Website in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect; to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any form of spam; to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware; to undertake any other activity that would contravene the Criminal Code (1985, c. C-46).

SUBMISSIONS

13. Other than personally identifiable information, which is covered under our Privacy & Cookies Policy, where you are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) you grant Topikos Inc a perpetual, worldwide, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in Topikos Inc’s Privacy & Cookies Policy. If you do not wish to grant such rights to Topikos Inc, you should not submit your contribution to this Website.

14. By submitting your content to this Website, you also warrant that such contribution is your own original work and that you have the right to make it available to Topikos Inc for all the purposes specified above; and agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

15. You agree not to submit any contribution that is not original to you or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Your use and submission must not be unlawful, nor may it harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within this Website.

16. You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes: swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language; content that promotes inappropriate, irresponsible or excessive consumption of alcohol; discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement); posting of addresses for other web sites or content that infringes any third party’s intellectual property rights; exchanging telephone numbers or home addresses, the harassment of other users of the Website (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters; actions that would disrupt or impair the functioning, stability or security of the Website (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the Website for unauthorized commercial purposes; and any derogatory remarks about Topikos Inc or the site. To the extent possible, all submissions posted by you are monitored by us and any submission that does not comply with this section will be taken down.

17. You agree to indemnify Topikos Inc against all legal fees, damages and other expenses that may be incurred by Topikos Inc as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.

18. Although we ask all Website users to adhere to these Terms, you acknowledge that other users may submit material that you consider offensive or objectionable. Topikos Inc assumes no responsibility or liability for the individual user content submitted to the Website and such submissions do not represent the views of Topikos Inc.

19. In contributing to our Website you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide.

LINKS TO OTHER WEBSITES

20. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Topikos Inc has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Topikos Inc therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

RESTRICTION ON LIABILITY

21. While Topikos Inc endeavors to ensure that the information on the Website is correct, Topikos Inc does not warrant the accuracy and completeness of the material on the Website. Topikos Inc may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Topikos Inc makes no commitment to update such material. To the maximum extent permitted by law, Topikos Inc provides you with the Website on the basis that Topikos Inc excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

22. Your use of and browsing in this site are undertaken at your own risk. Neither Topikos Inc, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of or browsing in this site or your downloading of any materials, data, text, images, video or audio from this site.

23. You promise to indemnify and save Topikos Inc, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: your breach of any of your agreements, representations or warranties set out in these terms and conditions; your access to or use of this site or any site to which this site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this site or any site to which this site may be linked from time to time; and/or your violation of any law or regulation.

GOVERNING LAW AND JURISDICTION

24. These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of Ontario courts although Topikos Inc retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.