Terms & Conditions

There are three sections to our Terms & Conditions, Section 1 is related Video Contest. Section 2 to online shopping/ordering, subscriptions and how to get your FREE merchandise, Section 3 is related to the use of our website, products and services.

Section 1

Submit a video for Contest

Anyone who has possession of a bottle or two of HoliDrink (any flavour), can take a fun video of himself/herself and/or other(s) enjoying HoliDrink in any environment (indoor/outdoor). Be creative and use your imagination and say something nice or positive about HoliDrink. The video must show the HoliDrink's bottle label (not concealed/covered) and full faces or partial faces of the person(s) in the video. 

 

Copyright of the submitted video 

By submitting, you declare that you have the copyright of the picture/video or have the authority to publish, and the release from any person in the video from any claim, and that you grant us rights to edit and re-publish and re-use the video on this website, our Facebook page, Instagram and Youtube channel and permission to tag you on our social media. The copyright of this video will always be yours and/or other(s) who authorized you to publish.

Acceptable video 

"HoliDrink" label on bottle must be showing fully, while faces of the objects must be showing fully/partially in your video being submitted. Image showing genitals and sexually explicit material and profanity are not acceptable. Also the video must be in high resolution, and the suggested video length from 10 seconds to 60 seconds.

Condition to win the video contest 

You must post your video onto Youtube, Facebook and Instagram, tag us @HoliDrink, tag your friends, like our Facebook page, follow us on instagram and Subscribe to our Youtube channel. Video that has the most "Likes/Comments/Shares" will win the 30x30 Abstract Wall Art worth $800. 

When does the video contest end and when will the winner be announced and how to collect the prize

The Contest ends on 31/01/2020 at midnight PST, we shall declare the winner before the end of Feb 2020. Winner can either pick up the Art Work from our HoliDrink Cafe at 383 Raymur Ave Vancouver BC Canada during M-F 9-5 (except for Public Holidays) or we can ship to you (shipping charges apply).

Section 2

Conditions in regard to getting a FREE HoliDrink merchandise

After you have spent $300 cumulatively in our cafe and or via online ordering (including subscriptions) using the same account (eg email address or credit card), you are entitled to one FREE HoliDrink merchandise of your choice, and the choices are (while stock last): cup, cap, tote bag, T-shirt (and we reserve the right to change type of merchandise). You are entitled to the next FREE merchandise when you have spent another $300. You can collect your FREE merchandise from 383 Raymur Ave, Vancouver, BC V6A 0H1, Canada.

Cancellation/Refund of Subscription

You can cancel your subscription anytime as there is no contract nor penalty. If we have charged you for the month and have not shipped your subscribed product plan, we shall fully refund you. If you cancel after we have shipped out your subscribed product plan, we are unable to refund you that month's charge, unless the goods arrived in damaged condition (and you must take photos of the damage and notify us immediately and ship back the product in its original packaging to 383 Raymur Ave, Vancouver, BC V6A 0H1, Canada).

Returns/refunds of HoliDrink and merchandise

If you are not happy with your purchase of HoliDrink and merchandise, you can return it/them in unopened/unused condition or in its/their original packaging, and we can either fully refund you or replace it/them with similar value of products, but you are responsible to bring it/them back or ship to our cafe at 383 Raymur Ave, Vancouver, BC V6A 0H1, Canada.

Returns/refunds of Artworks

There is no return nor refund for artwork purchase unless there is a mistake/damage on our part in printing/shipping the artwork or there is a defect in manufacturing the artwork. In the event of a mistake/damage caused by us or during shipping, please take photos and notify us immediately and return the artwork to us to 383 Raymur Ave, Vancouver, BC V6A 0H1, Canada, we can either refund you or replace the item. However, notification of mistake/damage/defect after 7 days of receiving the artwork will not be accepted.

Section 3

 

Website owner, the offering, and binding of Terms

This website is owned and operated by HoliDrink Corporation. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors subscriptions for HoliDrink products and online orders for our food and beverage, merchandise and artwork. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use our website; what are the requirements to create an account

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Return and refund policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 7 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: artwork.

Retention of right to change offering

We may, without prior notice, change the products/services; stop providing the products/services; or create limits for the products/services. We may permanently or temporarily terminate or suspend access to the products/services without notice and liability for any reason, or for no reason.

Ownership of Intellectual Property, Copyrights and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of HoliDrink Corporation. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification

You agree to indemnify and hold HoliDrink Corporation harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products/services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, HoliDrink Corporation assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of British Columbia Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Vancouver. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.