TERMS OF SERVICE
Welcome to the Shared Spirits (?Shared Spirits?, "We", "Our") mobile device software application (the ?Shared Spirits Software?). These Terms of Service set forth the legally binding terms and conditions governing the use of the SHARED SPIRITS Software, Website (www.sharedspirits.com) (the ?Site?), web widgets, feeds and applications for third-party Web sites and services, and any other mobile or web services, features, content, applications or widgets owned, controlled, or offered by Shared Spirits, Inc(?Shared Spirits?) (collectively, the "SHARED SPIRITS Services"). Subscribers, customers, users, and others who access, download, use, purchase and/or subscribe to the SHARED SPIRITS Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY SHARED SPIRITS SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY REGISTERING FOR, ACCESSING, AND/OR USING THE SHARED SPIRITS SERVICES (INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE SHARED SPIRITS SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND SHARED SPIRITS INC.. You may receive a copy of this Agreement by emailing us at:
[email protected], Subject: Terms of Service Agreement.
If you have any questions regarding this User Agreement, or wish to obtain additional information, please contact us Background
The Shared Spirits app and website (sharedspirits.com) are owned and operated by Shared Spirits Inc. a Tennessee company.
These terms and conditions represent the agreement between Shared Spirits and any person who accesses or uses Shared Spirits and the SHARED SPIRITS Wallet (User Agreement).
By clicking the ["Accept"], or by accessing and/or using Shared Spirits (whichever occurs first), the user (referred to in this User Agreement as You or Your) agrees to be bound by this User Agreement.
By clicking the ["Accept"], or by accessing and/or using Shared Spirits (whichever occurs first), the user (referred to in this User Agreement as You or Your) agrees to be bound by this User Agreement.
Shared Spirits Inc. may amend or modify Shared Spirits (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), this User Agreement or any Shared Spirits Inc. policy at any time. You will be able to discontinue and/or refrain from use of Shared Spirits following such amendment or modification, if You choose to do so. If You don?t choose to do so, the amendments or modifications will apply to You.
Subject to this User Agreement, Shared Spirits Inc. grants to You a non-transferable, nonexclusive, royalty-free, fully paid, worldwide license to install one copy of the Shared Spirits software, in executable object code format only, solely on Your handheld mobile device and solely for Your personal use of the Shared Spirits app. See clause 14 in relation to the restrictions on Your use of Shared Spirits.
In order to open a Tab and make purchases, You must register to use Shared Spirits and provide certain information ( Customer Information )in the SHARED SPIRITS Wallet to Shared Spirits Inc. or its third party contractors via Shared Spirits or a nominated website to enable Shared Spirits Inc. to provide You with the Shared Spirits functionality (Shared Spirits Account).
By registering and providing the Customer Information, You warrant that:
You are at least 21 years of age; and you are of drinking legal age in your country.
You are eligible to register and use Shared Spirits and have the right, power and ability to enter into and perform under this User Agreement;
You will be solely responsible for the activity that occurs on Your Shared Spirits Account;
the Customer Information that You provide to Shared Spirits Inc. is Customer Information which you are lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights or other rights of any third party;
You will only provide current, accurate and up-to-date Customer Information and will continually update all Customer Information as required (including proof of identity which we may reasonably request);
You will keep your registration username and password secure;
You will not impersonate any other person or use another person's registration details nor use another user?s Shared Spirits Account without their permission;
You will not harass or interfere with another user?s use and enjoyment of Shared Spirits;
You will not use Shared Spirits, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of Shared Spirits (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data);
You will not attempt to gain authorised access to Shared Spirits, or other networks or systems connected to or used together with Shared Spirits; and
Your use of Shared Spirits will be in compliance with this User Agreement.
Shared Spirits Inc. is not responsible for any activity (including purchases made through Shared Spirits) that may occur as a result of the disclosure by You of Your registration details and/or password to third parties, or through unauthorised access to or use of Your personal information.
You are solely responsible for all activity that occurs via Your registration details and/or the use of Shared Spirits on Your mobile device.
You grant us permission to use Your Customer Information to provide You the functionality of Shared Spirits and for related purposes. You acknowledge that in order for Shared Spirits Inc. to provide the functionality of Shared Spirits, Shared Spirits Inc. may share your Customer Information with other parties.
Compatible mobile devices and third party carriers
The Shared Spirits app enables You to make payments on compatible mobile devices. Devices modified contrary to the manufacturer?s software or hardware guidelines, including but not limited to those with disabled hardware or software controls (sometimes referred to as ?jail broken?) are not compatible devices.
You acknowledge that the use of a modified device to use the Shared Spirits app is expressly prohibited, constitutes a violation of this User Agreement, and is grounds for termination of Your Shared Spirits Account.
Shared Spirits Inc. does not warrant that Shared Spirits will be compatible with Your mobile device or third party carrier.
It is Your responsibility to ensure that You download the correct application for Your device.
Your use of Shared Spirits may be subject to the terms of Your agreements with Your mobile device manufacturer and Your carrier. It is your responsibility to comply with such agreements.
By using Shared Spirits You may be able to purchase goods or services (Products). These Products are advertised, promoted, offered, sold and/or supplied by third parties (Vendors).
Shared Spirits Inc. is not the supplier of any Products that You may view or purchase through Shared Spirits. Shared Spirits is designed to facilitate Your transaction with the relevant Vendor(s).
Representations about Products are based on information and material provided to Shared Spirits by the relevant Vendor. You acknowledge that Shared Spirits Inc. takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties or Vendors on Shared Spirits. For the avoidance of doubt any images contained in Shared Spirits are for illustration purposes only and may not reflect the actual Products offered by a Vendor.
The Vendor(s) is entirely responsible for all Products made available and or purchased through Shared Spirits. You should refer to any applicable terms and conditions provided by the Vendors in connection with the Products. All disputes relating to the quality of Products must be directed to the Vendor.
Any dispute between You and the Vendor (for example in relation to the Product quality or customer service) must be resolved by You and the Vendor. Shared Spirits is under no obligation to resolve or assist You in resolving a dispute with a Vendor.
Promotions, advertisements, descriptions or other information provided in relation to Products via Shared Spirits ( Product Representations ) do not constitute an offer to sell You the Products or guarantee the availability of Products. The Representations are made available so that You can submit a request for a Product(s) via Shared Spirits (Order).
When You make a purchase, the applicable Vendor will confirm via Shared Spirits:
the details of the Purchase, including item name and value;
the final price for the Purchase (including any relevant surcharges);
any terms and conditions applicable to the Purchase; and
any other information relevant to the Purchase.
When You open a Tab at a Vendor location, Shared Spirits App will check that your SHARED SPIRITS Wallet has sufficient funds to cover the order plus all fees applicable. If your balance is not sufficient the order will be decline and You will be required to Top Up the SHARED SPIRITS Wallet with redeemable credits. Redeemable credits are virtual credits that can be used towards products at any of the participating venues.
Payment for Credits will be processed by a trusted merchant account provider, please refer to a trusted merchant account provider?s Terms of Service Agreement for more details.
You can see each purchase in your History Screen and if you chose so, you will also receive a confirmation email.
Price and payment
All prices for Products are shown in US dollars, with detailed GST, Taxes and Fees where applicable, and are current at the time of display, in accordance with the information provided to Shared Spirits Inc. by the relevant Vendor.
Shared Spirits Inc. is not responsible for any errors made by the Payment Provider.
Shared Spirits works with most Tennessee-issued and most non-Tennessee-issued credit and debit cards with a Visa, MasterCard logo.
You acknowledge that Your credit or debit card provider may charge additional fees in accordance with Your arrangements with that card provider. Shared Spirits Inc. is not responsible for any such fees or charges.
It is Your responsibility to ensure that all items on Your tab are correct and that You pay the correct amount to each Vendor at the time of payment. If You believe an item has been added incorrectly to Your tab, You must raise this with the Vendor before the tab is closed. Once the tab has been closed and payment made, Shared Spirits Inc. will not be responsible and will have no involvement in any disputes regarding any incorrect final Purchase amount accepted by the Vendor or made by You.
Any dispute You have regarding a refund must be made by contacting Shared Spirits within 28 days of payment.
Any promotional code You wish to use must be applied to Your Shared Spirits Account before opening a tab with a Vendor. If a promotional code is applied after opening a tab, the promotional code will apply to the next tab You open, or will expire if Your next tab is not opened before expiry of the promotional code.
Only one promotional code can be used per tab. If more than one promotional code is registered with Your Shared Spirits Account, they will be applied in the order which they were added to Your Shared Spirits Account providing they have not since expired.
Promotional codes cannot be used in conjunction with any other Shared Spirits offers.
Promotional codes will only be applied to your account if you pay your Shared Spirits tab in total through Shared Spirits. If you use any other method to pay your tab outside of Shared Spirits, the promotional code may not be applied and you will be charged in full.
Your credits may expire due to inactivity after 12 months. Shared Spirits will alert you via email if there are credits due to expire in the next month.
Unauthorised or illegal use
If You believe that there is an error or unauthorised transaction associated with Your Shared Spirits Account, You should contact us immediately.
Shared Spirits Inc. may decide not to authorise or allow any transaction or Shared Spirits Account if we believe that the transaction or Shared Spirits Account is in violation of this User Agreement or any other Shared Spirits Inc. agreement, or that it exposes You, other Shared Spirits customers, Shared Spirits Vendors or Shared Spirits Inc. to harm, including fraud and other criminal acts. If Shared Spirits Inc. reasonably suspects that Your Shared Spirits Account has been used for an unauthorised, illegal or criminal purpose, You give us express authorisation to share information about You, Your Shared Spirits Accounts, and any of Your transactions with law enforcement.
Termination and suspension
Should Shared Spirits Inc. need to conduct an investigation or resolve any pending dispute related to Your Shared Spirits Account, Shared Spirits Inc. may restrict Your access to Your Shared Spirits Account for any period of time necessary. Shared Spirits Inc. may also restrict Your access to Your Shared Spirits Account as necessary to comply with any applicable law or court order, or if otherwise requested by law enforcement or governmental entity. You will be notified of such restricted access unless Shared Spirits Inc. is legally prevented from notifying you.
Shared Spirits Inc. reserves the right to terminate or suspend Your access to Shared Spirits for a breach of this User Agreement. If your access is suspended, Shared Spirits Inc. may renew access once Shared Spirits Inc. has reasonably formed the view that the reason for the suspension has been suitably remedied.
Without limiting the scope of clause 9.2 Shared Spirits Inc. may terminate Your access to Your Shared Spirits Account if You:
have breached any other agreement You have with Shared Spirits Inc.;
have breached any of Shared Spirits Inc.?s policies;
pose an unacceptable credit or fraud risk;
provide any false, incomplete, inaccurate, or misleading information; or
use Shared Spirits in a way associated with unlawful, fraudulent or criminal conduct.
If there is no activity in Your Shared Spirits Account (including access or payment transactions) for at least two years (consecutively), we will notify You by sending You an email to the email address associated with Your Shared Spirits Account and give You the option of keeping Your Shared Spirits Account open. If You do not respond to our notice within thirty calendar days, we will close Your Shared Spirits Account.
Shared Spirits Inc. will not be liable to You for compensation, reimbursement, or damages in connection with Your use of Shared Spirits, or in connection with any termination or suspension of Your Shared Spirits Account. Any termination of Your Shared Spirits Account does not relieve You of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to us as provided in this User Agreement.
Warranties and limitation of liability
To the extent permitted by law, these terms and conditions exclude all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law. Where legislation implies any condition or warranty, and that legislation prohibits Shared Spirits Inc. from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included for the minimum timeframe possible but Shared Spirits Inc.'s liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law.
Shared Spirits Inc. and its directors, employees and affiliates do not warrant that the service provided by Shared Spirits is accurate, reliable or correct; that the service will be available at any particular time or location, interrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
You acknowledge that any content or data downloaded or otherwise obtained through the use of Shared Spirits is downloaded at Your own risk and You will be solely responsible for any damage to Your property or loss of data that results from such download.
You acknowledge that to the extent permitted by law Shared Spirits Inc. does not accept liability for any errors, omissions, expenses, losses or damages caused by:
Your access to and/or use (or inability to use) the Shared Spirits app and/or website;
malware, viruses or any incorrectness or incompleteness of Shared Spirits (unless such damage is the result of any willful misconduct from Shared Spirits Inc.);
representations made by Vendors via Shared Spirits (including where inaccurate information or material has been provided);
Your purchase or use of any Products;
Your provision of personal or information via Shared Spirits (including details relating to the Payment Method);
any failure or delay in the electronic communication systems, including networks or servers, used to provide Shared Spirits; and/or
any act or omission by the Payment Provider,
regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Shared Spirits Inc. has been advised of the possibility of such damage.
As a condition of Your use of Shared Spirits, You agree to indemnify and keep indemnified Shared Spirits Inc. and all of its officers, agents, employees and contractors (Personnel) against all claims, obligations, liabilities, expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Shared Spirits Inc. or its Personnel) that Shared Spirits Inc. or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
any breach of this User Agreement by You;
Your access to and/or use or misuse of Shared Spirits, including any data or content transmitted or received by you;
Your violation of any applicable law, rule or regulation;
any other party?s access and use of Shared Spirits using your Shared Spirits Account; and
any claim or loss of, or damage to, any property, or injury to, or death of, any person (including You) caused by Your access to and/or use of Shared Spirits.
US Consumer Law
If a supply by Shared Spirits Inc. under this User Agreement is a supply of goods or services to a consumer within the meaning of the Tennessee Consumer Law, nothing contained in this User Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Tennessee Consumer Law, provided that, to the extent that the Tennessee Consumer Law permits Shared Spirits Inc. to limit its liability under this User Agreement or otherwise, then Shared Spirits Inc.'s liability shall be limited to:
in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
We have implemented technical and organisational measures designed to secure Your personal information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk.
Intellectual property rights
All copyright, trade marks and other intellectual property rights in Shared Spirits and the information and material contained on Shared Spirits is owned by or licensed to Shared Spirits Inc.. Trade marks and other rights used under license by Shared Spirits Inc. (for example, in advertising Vendors or Products) are used with permission and are owned by the relevant third party.
You may not, regardless of the purposes of Your actions:
adapt, reproduce, copy, publish, publicly perform, stream, broadcast, transmit or distribute copies of any information or material found on Shared Spirits in any form (including by e-mail or other electronic means), without Shared Spirits Inc.?s prior written consent;
modify, disassemble, decompile, make derivative works of or reverse engineer the Shared Spirits software;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Shared Spirits software to any third party;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Shared Spirits software; or
access Shared Spirits in order to build a similar or competitive product or service.
Third party services
Shared Spirits Inc. does not warrant, endorse, guarantee or assume responsibility for any Third Party Service or any hyperlinked website or service, or featured in any banner or other advertising, and Shared Spirits Inc. will not be a party to or in any way monitor any transaction between You and providers of Third Party Services.
You acknowledge and agree that any disputes in relation to Shared Spirits are to be determined by Tennessee Law.
Upon any dispute with Shared Spirits Inc. arising, You agree to first contact Shared Spirits Inc. at [email protected] and attempt to resolve the dispute with us.
In the event that You and Shared Spirits Inc. are unable to resolve the dispute, you agree that the dispute will be referred to mediation and conducted according to guidelines of the appropriate Tennessee government entity .
With the exception of urgent interlocutory relief, the mediation of a dispute under clause 16.3 is a condition precedent to the commencement of any litigation by either You or Shared Spirits Inc..
Unless otherwise required by law, an action or proceeding by You relating to any dispute with Shared Spirits Inc. must commence within one year after the cause of action accrues.
Except as expressly provided for in this User Agreement, the terms and conditions in this User Agreement are a complete statement of the agreement between You and Shared Spirits Inc..
If the event of a conflict between this User Agreement and any other Shared Spirits Inc. agreement or policy, the terms and conditions of this User Agreement shall prevail.
If any of the terms and conditions of this User Agreement is held to be invalid, unenforceable or illegal for any reason, it shall be changed and interpreted to accomplish the objectives of such term or condition to the extent possible and the remaining terms and conditions will nevertheless continue in full force.
Headings are for convenience only and shall not be considered in interpreting the terms and conditions of this User Agreement.
Upon termination of this User Agreement and Your Shared Spirits Account, the terms and conditions of this User Agreement which by their nature are intended to survive termination shall survive and remain in effect.
This User Agreement, and any rights, obligations and licenses granted under it, may not be transferred, assigned or subleased by You.
Shared Spirits Inc. accepts no liability for any failure or delay in complying with any term or condition of this User Agreement where such failure or delay is due to circumstances beyond Shared Spirits Inc.'s reasonable control.
If Shared Spirits Inc. waives any rights available to it under this User Agreements on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Shared Spirits Inc. or its authorised representative.