Terms and Conditions

This web site and all pages thereof (collectively, the "Web Site" or "Site") is operated by MÁS+ NEXT GENERATION BEVERAGE CANADA, including its affiliates, licensors, licensees, and/or agents where applicable (MÁS+ NEXT GENERATION BEVERAGE CANADA or "we", “We”, “Us”, “us”, “our”, or “Our”). Unless stated otherwise, these terms and conditions (collectively, the "Terms") apply to all pages of the Web Site, and, unless otherwise stated thereon, to any other of our websites that you access by or through the Site, and, where applicable, to your purchase of any of our products by or through the Site (the “Products”).

We reserve the right to alter, update, add to and/or revise these Terms from time to time and at any time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Site. We encourage you to periodically review these Terms, so you are aware of any revisions to which you are bound.

  1. USE OF THE SITE

    1. Your access to and use of this Site is subject to all applicable laws and regulations which apply to this Site, to the Internet and/or to the World Wide Web, as well as these Terms. Your accessing of this Site and/or your use of this Site constitutes acceptance of these Terms without reservation, limitation or qualification.
    2. You may not use this Site if any of the following conditions apply to you:
      1. You are not of legal age to enter into contracts or contractual terms and conditions in the jurisdiction from which you are accessing this Site ("Your Jurisdiction"); or
      2. It is otherwise illegal in Your Jurisdiction for you to access, view and/or use this Site.
      You must not use the Site or cause or permit the Site to be used if any of these conditions apply to you, including if any material on this Site, your use of this Site, or products advertised on this Site, is contrary to the laws of Your Jurisdiction. If any of these conditions apply to you, please leave this Site 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. You agree not to circumvent any age gate or other technical measures we use to ensure that the Site complies with applicable law and regulation.
    3. The information posted by the Site operator on this Site 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 Site is strictly on an "as is" basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site if we suspect misuse, or for any other reason at our sole discretion.
    4. We further reserve the right to disclose to the relevant authorities and in accordance with applicable law any information we hold concerning your identity and any evidence we have which relates directly or indirectly to misuse of this Site. In the event that your misuse constitutes a criminal offence, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing any information we hold concerning your identity to them in accordance with applicable law.
    5. We are not responsible for any content or opinions posted on any form of social media or other forum which is accessible through our Site, unless we ourselves have posted the content. However, if you believe that content posted by third parties breaches your rights, please contact us using the contact information given below, and we will investigate promptly. We will have the right (but not the obligation, unless required by applicable law) to remove any content or opinions posted on our social media or other forum for any reason.

  2. INTELLECTUAL PROPERTY

    1. All references in this Site to trade names, trademarks, logos, service marks, designs and other intellectual property (“Intellectual Property”) are references to the owner and/or licensee(s) of such Intellectual Property in Your Jurisdiction, and all rights in respect of all of such Intellectual Property are reserved. “®” refers to a registered trademark of the owner of the Intellectual Property in Your Jurisdiction; “™” refers to a trademark of the owner of the Intellectual Property in Your Jurisdiction; and “©” refers to a copyright of the owner of the Intellectual Property in Your Jurisdiction.
    2. Unless otherwise noted or provided in these Terms or in the text on the Site, everything you see or read on this Site is the property of the owner of such Intellectual Property in Your Jurisdiction, including all copyrights, trademarks, service marks, logos, designs and other intellectual property. You agree that our applicable entity in Your Jurisdiction owns all right, title and interest in and to the Intellectual Property, that nothing from this Site may be used by you except as provided in these Terms without our written permission, and that you will not use the Intellectual Property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Intellectual Property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without our prior express written permission. We neither warrant nor represent that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with us.
    3. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on this Site without our prior express written permission. Your use of any of the Intellectual Property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms. We will aggressively enforce our intellectual property rights to the fullest extent of the law, should you breach any of these Terms.

  3. SUBMISSIONS

    1. Any communication or material you transmit to us or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called "Submissions"), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become our property and may be used by us and our affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at our election and sole discretion. We are free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to us, you will be deemed for all purposes to have assigned and transferred to us all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that your transmitting or otherwise communicating any Submission will be deemed for all purposes to be your electronic signature and agreement to these Terms.
    2. Without limiting the generality of section 3.1 above, you agree to sign and deliver to us, on demand, all further documents and assurances that we may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
    3. We are not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and we will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason.

  4. YOUR CONDUCT

    1. You will not:
      1. upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site;
      2. interfere with the servers or networks connected to this Site or to violate any of the procedures, policies or regulations of networks connected to this Site;
      3. impersonate any other person while using this Site;
      4. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using this Site;
      5. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which is defamatory, offensive, pornographic, abusive or threatening or that invades the privacy of any person, or which describes any illegal activity or advertises any goods or services;
      6. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which infringes the intellectual property rights of a third party;
      7. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which is obscene, pornographic, abusive or threatening;
      8. use this Site for any unlawful purpose, or to advocate or describe any illegal activity;
      9. use this Site to advertise or solicit goods or services or funds for goods or services; or
      10. resell, sublicense or export the software associated with this Site.

  5. SALE OF PRODUCTS & ONLINE PURCHASING TERMS

    1. Sales of all Products through the Site are on a first-come, first-serve basis and are subject to availability.
    2. Unless otherwise noted, applicable taxes and shipping & handling charges are not included in the prices shown for Products on the Site.
    3. We are unable to ship Products to PO boxes or RR (Rural Route) addresses.
    4. Unless otherwise noted, the carrier will only deliver on business days (Monday through Friday) and will not deliver on Canadian statutory holidays.
    5. Unless otherwise noted, all credit card transactions for Products through the Site are done over a secure Internet server that utilizes SSL (Secure Socket Layering) technology.

  6. LIMITATION OF LIABILITY AND INDEMNITY

    1. Your use of and browsing in this Site and your enjoyment of Products purchased through the Site are undertaken at your own risk. Neither we nor any of our directors, officers, employees, or agents, nor any other party involved in the creation, production, or delivery of Products or the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use and enjoyment of the Products or 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.
    2. Without limiting the generality of section 5.1, to the maximum extent permitted by applicable law in Your Jurisdiction, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or any purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction including Your Jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in Your Jurisdiction.
    3. To the maximum extent permitted by applicable law in Your Jurisdiction, you promise to indemnify and save and hold us, and our 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:
      1. your breach of any of your agreements, representations or warranties set out in these Terms;
      2. 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;
      3. your use and enjoyment of the Products; and/or
      4. your violation of any law or regulation in Your Jurisdiction or any other jurisdiction.

  7. CONFIDENTIALITY AND PRIVACY ISSUES

    1. Unless encrypted, information sent or received over the Internet is insecure and we cannot and do not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. We will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to us through this Site.
    2. Through your accessing or usage of this Site, we are able to and may in fact gather certain information about you and your usage of the Site. In so doing, we will comply with our Privacy Policy available at www.masbymessi.com/ca/terms-and-conditions/ ("Privacy Policy"), which is incorporated herein by reference. You may access the full text of the Privacy Policy by clicking the link above.

  8. LINKED SITES

    1. The Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). If and to the extent that any other External Sites are linked to this Site at any time, we are not responsible for the content of any such External Site or any link contained within such an External Site. We reserve the right to terminate any link or linking program at any time and the linking of any External Site to or through this Site does not imply any endorsement by us of the companies, products or information offered, described or otherwise made available on or through such External Site. If you decide to access any External Site linked through or to this Site, you do so entirely at your own risk. Even if the third party is affiliated with us, we have no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of us. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites.

  9. CONSENT TO COMMUNICATIONS

    1. By providing us with your contact information and using the Site, you agree to receive communications via e-mail and/or social media from us or on our behalf at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

  10. NO THIRD PARTY RIGHTS

    1. Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and us and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, us, and our successors and assigns.

  11. OUR CONTRACT

    1. These Terms only deal with your access to this Site. Please note that we may not necessarily keep a copy of these Terms. We advise you to print or save a copy of these Terms for your information in the future. If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact us.