PintSender – End User Terms of Service
By using this service you agree to be bound by the following terms and conditions.
Last Updated: June 1, 2017
1. Terms of Service
(a) This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions that apply to your (“you” or “your”) access and use of the Internet website and mobile application owned and operated by A Drink To You Inc., a corporation incorporated under the laws of the Province of Alberta, doing business as PintSender (“A Drink To You”, “PintSender”, “we”, “our” or “us”) and located at www.pintsender.com (the “Sites”) and the services available therein, including without limitation:
(i) the service that enables you to purchase and send electronic vouchers (“Vouchers”) to your family or friends, which can be redeemed for drinks (the “PintSender Service”) at specific events or venues; and
(ii) the electronic ticketing system that allows you to pre-purchase food and drink tickets (“Tickets”) through your mobile phone browsers, which can be redeemed for food and drinks at specific events or venues (the “PintSender Events Service” and together with the PintSender Service, the “Services”).
2. Ability to Enter into this Agreement
(a) In order to enter into this Agreement, if you are an individual, you must have reached the legal age of majority in your jurisdiction of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
(b) If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Sites or the Services on behalf of such entity.
3. Your Profile Information and Account
(a) In order to use any of the Services, you must create a user account on the Sites and select a password. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That email address and password, together with any or other user information you provide, form your “Profile Information” and allow you to access your account (“Account”). You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
(b) Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying A Drink To You immediately.
(c) By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
(d) Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation.
4. Your Obligations
(a) You are responsible for adhering to all applicable liquor licensing laws. A Drink To You is not licensed to sell liquor and as such, does not accept any liability associated with a licensed establishment and the serving of alcohol.
(b) You are responsible for determining whether you or the intended recipient of a Voucher or Ticket for an alcoholic beverage is of legal drinking age in the applicable jurisdiction and for providing proof of legal drinking age to the satisfaction of the applicable event or venue at which the Voucher or Ticket will be redeemed.
(c) A Drink To You provides no representation and warranty with respect thereto, accepts no responsibility and will provide no refund if a Voucher or Ticket is purchased or attempted to be redeemed by someone under the legal drinking age in the applicable jurisdiction.
(a) A Drink To You will retain a portion of each Voucher or Ticket purchased and remit the remainder to the event or venue which redeems the Voucher or Ticket.
(b) We reserve the right to modify our prices at any time with immediate effect by posting price changes on the Sites.
6. Expiration and Refunds of Vouchers and Tickets
(a) PintSender Service: Vouchers have no expiry dates. As a condition of participating in our Service, the applicable event or venue will honour all Vouchers which are restricted to redemption at its specific venue or event, irrespective of its continued participation in the PintSender Service. Refunds or credits for Vouchers which are not redeemed may be issued, at the sole discretion of A Drink To You.
(b) PintSender Events Service: Tickets will be for specific goods at time-limited events and will expire at the time/date specified by the Event/Venue. A Drink To You will issue refunds to you if our system is generally unavailable to all users and purchased Tickets cannot be redeemed before the end of the event, as a result. All other refunds will be made at the discretion of the Event/Venue.
7. Submission of Content
(a) The Sites and the Services available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, “Content”), to A Drink To You for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.
(b) A Drink To You will use Content you upload solely in connection with providing the Services to you, and for no other reason. We reserve the right to select and edit the Content or any portion thereof for posting on the Sites. You agree that by uploading, or otherwise providing any Content on or through the Sites and/or the Services, you grant to A Drink To You a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services. You hereby waive all moral rights in such Content in favour of A Drink To You.
(c) A Drink To You will cease to use, reproduce, process, display, all or any portion of such Content within thirty (30) days of deletion of your Account.
(d) A Drink To You may, at our sole discretion, use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute your Content to third party service providers solely in connection with providing the Services to you, and for no other reason. Our use of third party service providers in connection with providing the Services to you may require your Content to be transmitted across international boundaries.
(e) You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to A Drink To You or our use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
8. Intellectual Property Rights
(a) All right, title, interest and ownership and intellectual property rights in and to the A Drink To You trademarks and the Sites, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of A Drink To You or its software or content suppliers. The Sites are protected under Canada, United States and international copyright, trademark and other laws and treaties.
(b) Subject to the terms and conditions of this Agreement, A Drink To You grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services.
(c) You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to A Drink To You related to the Services, the Sites or A Drink To You or its business (“Feedback”) shall become our property without any compensation or other consideration payable to you by A Drink To You, and you do so of your own free will and volition. A Drink To You may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative A Drink To You may decide into the Sites, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to A Drink To You in any Feedback and, as applicable, waive any moral rights in favour of A Drink To You.
9. Confidential Information
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from A Drink To You during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
10. Acceptable Use and Conduct:
You agree that that you will not publish or make available any Content that, or use the Sites in a manner that:
(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
(b) contains software viruses, Trojan horses 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;
(d) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
(e) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
(f) is harmful to minors in any way;
(g) is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by A Drink To You;
(h) impersonates A Drink To You employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Sites or a portion thereof without proper authorization;
(i) interferes or attempts to interfere with the proper working of the Sites or prevents others from using the Sites, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Sites, or that otherwise negatively affects other persons’ ability to use the Sites, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Sites or any other sites or system in use by another user of the Services;
(j) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor, scrape or copy the Sites or the content contained therein;
(k) facilitates the unlawful distribution of copyrighted content;
(l) licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;
(m) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Sites to users;
(n) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
(o) stalks or otherwise harasses anyone on the Sites or with information obtained from the Sites;
(p) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(q) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Sites for the purposes of automating logins to the Sites;
(r) attempts to gain unauthorized access to the computer systems of A Drink To You or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Sites;
(s) posts adult or pornographic Content;
(t) decompiles or reverse engineers or attempt to access the source code of the software underlying the Sites, the Services or any other A Drink To You technology;
(u) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Sites;
(v) accesses the Sites for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Sites;
(w) accesses the Sites for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
(x) accesses the Sites to upload any content or computer code for the purposes of:
(i) causing a breach of security to the Sites;
(ii) interfering with the proper working, functionality or performance of the Sites; or
(iii) preventing others from accessing or using the Sites.
11. Disclaimer of Warranties
(a) Your use of the Sites and all content forming part of or related to the Sites, including any Content you upload or submit and any third party software and content, are at your sole responsibility and risk. The Sites are provided on an “as is” and “as available” basis. A Drink To You expressly disclaims all representations, warranties, or conditions of any kind with respect to the Sites, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
(b) A Drink To You disclaims any warranty that the Sites or any content, including without limitation any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Sites or the servers that make the Sites available are free of viruses or other harmful components. You agree that from time to time A Drink To You may remove the Sites for indefinite periods of time without notice to you. Your access and use of the Sites may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Sites or other actions that A Drink To You, in its sole discretion, may elect to take. A Drink To You makes no guarantee regarding:
(i) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the Sites; or
(ii) the compatibility of your software, hardware or Content with the Sites.
(c) A Drink To You is not responsible for the acts or omissions of, or for the failings of, any third-party provider of any content, service, network, software or hardware, including but not limited to, Internet service providers, hosting services utilized by A Drink To You, telecommunications providers, content provided by other users, or any software or hardware not provided by A Drink To You.
(d) You are solely responsible for ensuring that your Content is compatible with the Sites. A Drink To You disclaims any liability or responsibility for any unauthorized use of your Content by third parties or other users of the Sites and is not responsible for protecting your Content.
(e) Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
(f) No advice or information, whether oral or written, obtained by you from A Drink To You or through or from the Sites shall create any warranty not expressly stated in this Agreement.
12. Third Party Sites and Content
The Sites may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. These other websites are not under our control, and you acknowledge that A Drink To You is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by A Drink To You or any association with its operators. You further acknowledge and agree that A Drink To You shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such websites or resource. Access and use of third party websites, including the information, material, products and services on third party websites or available through third party websites, is solely at your own risk.
13. Limitation of Liability
(a) You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, shall A Drink To You or its affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if A Drink To You has been advised of the possibility of such damages), arising from or relating to this Agreement or your use of or your inability to use the Sites, or for any damages arising from or related to this Agreement or any subscription.
(b) Our liability under this Agreement in the case of the PintSender Service or the PintSender Events Service is limited to the lesser of:
(i) $100; and
(ii) the total amounts you paid to A Drink To You in the twelve (12) months immediately preceding the occurrence of loss or damage.
To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability in such province, state or jurisdiction shall be limited to the greatest extent permitted by law.
(c) The foregoing limitations shall also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than A Drink To You and received by you through or advertised on the Sites or received by you on any third party sites. You also agree that A Drink To You will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Sites.
(d) A Drink To You reserves the right to modify, suspend or discontinue the Sites and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. A Drink To You shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
(a) You agree to indemnify, defend, and hold harmless A Drink To You, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Sites, including but not limited to in relation to:
(i) your use, non-use or misuse of, or connection to the Sites, the Services and any content, including without limitation your Content and any third party content, forming part of the Sites;
(ii) your breach or alleged breach of this Agreement; and
(iii) your violation of any rights, including intellectual property rights, of a third party.
A Drink To You reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify A Drink To You and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of A Drink To You. A Drink To You will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(b) A Drink To You agrees to indemnify, defend, and hold you harmless, and where applicable, your subsidiaries, affiliates or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to our material breach of this Agreement.
15. Termination of Agreement
A Drink To You reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. A Drink To You reserves the right to terminate any portion of the Sites at any time, for any reason, with or without notice.
16. Effect of Termination
Expiration or termination of this Agreement will not affect any rights or obligations that:
(i) are to survive the expiration or earlier termination of this Agreement; and
(ii) were incurred by the parties prior to such expiration or earlier termination.
The party terminating this Agreement, or in the case of the expiration of this Agreement, each party, shall not be liable to the other party for any damage of any kind (whether direct or indirect) incurred by the other party by reason of the expiration or earlier termination of this Agreement. Termination of this Agreement will not constitute a waiver of any of either party’s rights, remedies or defenses under this Agreement, at law, in equity or otherwise.
(a) This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Calgary, Alberta with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Sites or the Services, howsoever arising, provided always that A Drink To You may seek and obtain injunctive relief in any jurisdiction.
(b) This Agreement together with any attached schedules and other documents to be delivered pursuant to this Agreement, constitute the entire agreement between the parties pertaining to the subject matter of this Agreement and supersede all prior agreements, understandings, negotiations and discussions, whether oral, written or otherwise, of the parties. No amendment, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby.
(c) If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
(d) You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
(e) You agree that if A Drink To You does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which A Drink To You has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to A Drink To You.
(f) The parties are independent contractors with respect to each other. Nothing in this Agreement shall be deemed to create a joint venture, association, principal and agent or partnership relationship between the parties or constitute either party the agent of the other.
(g) The sections of this Agreement labelled “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability”, “Indemnity”, “Effect of Termination” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
(h) Neither this Agreement nor any benefits or burdens under this Agreement shall be assignable by any party to an unrelated third party, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or merger of any party) and permitted assigns.
18. Contacting A Drink To You
You may contact A Drink To You by email at email@example.com