Cancellation policy

Additional Terms and Conditions for Subscriptions

Last updated: March 8, 2022

These Additional Terms and Conditions for Subscriptions (the "Subscription Terms") represent a legal and binding agreement between Trillium Beverage Inc., doing business under the name Mill Street Brewery (“Mill Street”, “we”, “us”, or “our”) and the person (“you” or “your”) placing an order to enroll for a recurring payment and delivery (each, a “Subscription”) of selected product(s) (each, a “Product”) through the www.millstreetdelivery.com website (the “Website”) and set out the respective rights and obligations of Mill Street and you in relation to the Subscription. In addition to these Subscription Terms and the disclosures made to you when you place an order to enrol for a Subscription, each of the following policies, all of which are incorporated into and made part of these Subscription Terms, apply to your Subscription: Privacy Policy, Terms of Use, Terms of Purchase and Refund Policy  In the event of a conflict between these Subscription Terms and any other document referenced and incorporated by reference herein, these Subscription Terms shall govern but only with respect to the Subscription and to the subject matter of such conflicting terms.

Please read these Subscription Terms carefully and keep a copy for your records and future reference. By placing an order for a Subscription, you represent that you have read and understood these Subscription Terms and agree to be bound by them. If you do not agree to these Subscription Terms, do not proceed with your Subscription. 

You agree to receive, Subscription Terms and any other required disclosures including, but not limited to, all disclosures provided to you at the time of your Subscription, and any other notices or information we may be required to send to you from time to time under applicable law. You agree to keep a copy of any electronic communications for your records and future reference. Any notices or other communications will be deemed to be delivered when emailed to your designated email address, as provided or updated by you from time to time.

Eligibility

Subscriptions are available for delivery addresses within our delivery area. To place an order to enrol in a Subscription, you must have reached the legal age of majority in the Province of Ontario, be capable of entering into a legally binding agreement, and have a valid and verifiable e-mail address and telephone number. By placing an order or enrolling in a Subscription, you represent and warrant that you are eligible to enter into these Subscription Terms.

Enrolment

You may enroll in a Subscription by filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button after making a selection as explained below. You are responsible for the security of any information, including any password associated with your account and for any activity under your account in relation to the Subscription.

If any problems arise with your Subscription, including the payment method associated with your Subscription, Mill Street will use reasonable efforts to notify you by sending a message to the email address associated with your Subscription. However, the Subscription will be placed on hold and no additional deliveries will take place until the problem has been resolved and the Subscription has been reactivated by Mill Street.

Subscriptions are available for limited products, frequencies and delivery locations as determined by Mill Street at its sole discretion. When enrolling in a Subscription, you select the product, quantity and frequency of delivery within the available options, and you must provide valid contact information including an email address, a delivery address within the eligible delivery zone and valid payment information.

All Subscription enrollments are subject to the approval of Mill Street. You acknowledge that, by placing a request to enroll in a Subscription, you are making Mill Street an offer to purchase and receive delivery of the Products you have selected on these Subscription Terms. Mill Street may or may not accept your offer at Mill Street’s discretion. You understand that any order you submit to Mill Street for enrolment in a Subscription is binding on you and this offer cannot be cancelled after submission except in Mill Street’s sole discretion. If Mill Street accepts your offer, Mill Street will notify you of this acceptance by issuing a confirmation to your email address, effective as of the date it is sent to you.

Subject to these Subscription Terms, Mill Street will have the Products indicated on your order confirmation delivered to you in accordance with the terms of your Subscription, to the delivery address you specified in the order form and in accordance with the delivery option you chose in the Subscription. Deliveries to multiple addresses under a Subscription are not available. Any delivery dates given by Mill Street are best estimates only and Mill Street shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery dates given.

If a Product becomes unavailable at the time of planned delivery, Mill Street will use reasonable efforts to send you notice to this effect, this delivery will be cancelled with respect to this Product, and you will not be charged for the undelivered Product(s). If a Product that is the object of a Subscription is discontinued, Mill Street reserves the right to cancel the Subscription for this Product.

Managing your Subscription

You are required to create an account and provide a payment card in order to enroll in a Subscription for a Product. You can manage your Subscription, including changing the frequency, temporarily suspending, or canceling your Subscription, by accessing your account through the customer portal accessible on the Website (the “Portal”). You may also cancel your Subscription in any other way Mill Street may permit you to from time to time.

 

You can temporarily suspend your Subscription up to one before the next scheduled delivery. During that suspension period you will not receive any Subscription Products and you do not have to pay the respective Subscription charges. After you reactivate your Subscription, the delivery of the Products will be resumed, and Mill Street will charge your designated payment method accordingly.

If you don’t cancel your Subscription before the next scheduled delivery, your cancellation request will not be effective in relation to that delivery; late cancellations will take effect only for subsequent deliveries.

Prices and Payment

All fees and any related costs associated with your Subscription will be displayed for you at the time you place an order. You may pay for your Subscription using only the methods of payment displayed at the time of Subscription, which we may update from time to time. If payment for Subscriptions is made by credit card, the charge for each delivery under your Subscription will be billed to the credit card you provide when you create your Subscription or to any other credit card you provide to us from time to time (the “Card”). 

 

By enrolling in a Subscription, you authorize Mill Street to charge the applicable Card for the price of the Products and you represent and warrant that you are the authorized cardholder or account holder for the applicable Card. If your Card is rejected by the card issuer or if the payment is declined or cannot otherwise be processed for any reason, Mill Street will inform you accordingly and Mill Street will have no obligation to deliver the Product.

You agree to provide your Card details when you enrol in a Subscription and to update that information if the Card expires or if any other Card information provided otherwise changes. You acknowledge that your Card will be charged, for each delivery of Product under the Subscription, one (1) day before the planned day of delivery of your Product. Automatic charges to your Card will continue until you suspend or cancel the Subscription in accordance with these Subscription Terms. You are responsible for providing and maintaining current, complete and accurate billing and delivery information. You must contact Mill Street immediately with any changes to your billing or delivery information to avoid any interruptions to your Subscription.

Mill Street will use reasonable efforts to send you an email reminder prior to each delivery, in order to enable you to cancel the delivery or make Subscription changes through the Portal before the items are shipped.

If you have enrolled into a variable price Subscription for beer Product(s), as indicated on the Website prior to your enrolment, the prices for the Products are subject to change over the course of the Subscription due to the nature of uniform pricing rules for beer in Ontario.  Notwithstanding any provision of these Subscription Terms to the contrary, by enrolling in the variable price Subscription, you agree to receive deliveries at fluctuating prices.  In the event of a price increase, Mill Street will send you an email notice no less than two (2) days prior to the next delivery under the Subscription. You may cancel the delivery or the Subscription through the Portal before the items are shipped. If after receiving notice of the price increase you do not cancel the delivery or the Subscription, you will be deemed to agree to the price increase for any future delivery, until a new variation in the price takes effect.

Term

These Subscription Terms are entered into as of the date you place an order to enroll for a Subscription and agree to the Subscription Terms. The Subscription will remain in effect until the Subscription expires, is terminated by Mill Street at its sole discretion, or is otherwise cancelled in accordance with these Subscription Terms.

Special Offers

We may from time to time at our discretion offer special limited time Subscriptions, such as those associated with specific events or those which apply to certain Products or other promotions. The specific terms and details of each promotion, including their effective dates, will be provided at the time of the offer. Your eligibility for a specific offer and the applicability of any discounts is at our sole discretion and subject to applicable law. We may revoke, terminate, cancel, modify or deem a promotion or specifical offer inapplicable to you at any time.

 

Changes

Mill Street reserves the right to change or modify these Subscription Terms with respect to any provisions that apply to your Subscriptions (including, changing the Products or Subscription options offered, purchase requirements, methods or eligibility for subscription, delivery process, Mill Street’s responsibilities or obligations under the Subscription Terms, your responsibilities under the Subscription Terms, disclaimers and limitation of liability) (collectively, "Changes") on a monthly basis. If Mill Street makes Changes to the Subscription Terms (other than price changes under a variable price Subscription as outlined above), in addition to posting the amended Subscription Terms on the Website, Mill Street will also provide you by email thirty (30) days' advance notice of such Changes in accordance with applicable law ("Notice"). Upon receiving the Notice, you may refuse the Changes and cancel these Subscription Terms by logging in to your account through the Portal within the time specified in the Notice. If you do not notify Mill Street within that time, the Changes will take effect on the date indicated in the Notice.  In that case, you will be deemed to agree to the Changes which will become part of these Subscription Terms and enforceable against you. If you cancel these Subscription Terms, your Subscription will be terminated.

Subject to applicable law, Mill Street also reserves the right to make changes to these Subscription Terms by posting an updated version of these Subscription Terms on the Website or sending you notice of such changes to the email associated with your Subscription. Such changes however will have no effect on orders that were submitted, or Subscriptions entered into, before the posting of such revised Subscription Terms the Website.

Termination by Mill Street

In the event you have not fulfilled your Subscription obligations, Mill Street has the right at its sole discretion to either give you the opportunity to remedy your breach or, alternatively, Mill Street may terminate the Subscription at any time.

Limitation of Liability

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, MILL STREET, ITS AFFILIATED ENTITIES (INCLUDING LABATT BREWING COMPANY LIMITED, ANHEUSER-BUSCH INBEV AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “LABATT”) WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED OR ANY OTHER LOSS OR DAMAGE OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR SUBSCRIPTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. LABATT’S MAXIMUM AGGREGATE LIABILITY UNDER THESE SUBSCRIPTION TERMS, WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAID BY YOU TO LABATT IN RESPECT OF THE PRODUCT(S) UNDER THE SUBCRIPTION.

General

You may not assign or transfer your Subscription to any third party without Mill Street’s prior written authorization.

If any current or future provision of these Subscription Terms is found invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be severable and it shall not affect the validity and enforceability of any remaining provision of these Subscription Terms which shall continue in full force and effect.

These Subscription Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.