Terms & Conditions

SIPBAR Inc. Terms & Conditions

Revised September 21, 2017

Terms & Conditions

Please read the Terms & Conditions and the Privacy Policy carefully before using the Website and/or services provided by SIPBAR Inc.

1. Interpretation

1.1 In these Terms & Conditions, Privacy Policy and other legal matters in relation to SIPBAR Inc., the following words have the following meanings:

“Audience”, also may be referred to as “Client” or “Host”, means past, present and future companies or individuals that hire the SIPBAR service for their event venue;

“Client” means office, company, individual or anyone else that hosts the SIPBAR;

“Craft Beer Session” means canvassing and serving various beers and/or cider available on the SIPBAR. It does not include the sale of beer, all beer is arranged to be provided by licensed Ontario Manufacturers or arranged to be purchased through the LCBO;

“Event Venue” means any location that is hosting an event;

“Host” means a SIPBAR client;

“Home” means private home of the individual hiring SIPBAR;

“LCBO” means Liquor Control Board of Ontario;

“Office” means the private office space provided by the host company or client;

“Participant” means SIPBAR client;

“Partner”, also may be referred to as “Vendor”, “Brand” or “Product”, means a company, whether alcoholic or non-alcoholic beverage brand, or other consumer-facing product, who has chosen to feature their product(s) on the SIPBAR;

“Privacy Policy” means the Privacy Policy of SIPBAR;

“Private Event” means an event taking place in a private home or office and is not available for public access. For events where only invited guests will attend. These events cannot be advertised and there can be no intent to gain or profit from the sale of alcohol at the event;

“Public Event” is for events that are open to the public. Public events can be advertised and allow for fundraising/profit from the sale of alcohol; All public events require a Special Occasion Permit (SOP);

“Service” means the service provided by SIPBAR;

“Signature Cocktail Station” means creating, serving and explaining the signature cocktail identified by the participating brand who is featured on the SIPBAR. It does not include the sale of spirits, all spirits are arranged to be purchased through the LCBO;

“SIPBAR” means an online platform used to arrange and schedule the SIPBAR service to create a pop-up bar for clients. Clients understand that they are paying for the SIPBAR service, which includes coordinating with alcohol brands to feature and sample their product. SIPBAR does not engage in the sale of alcohol. SIPBAR is not a supplier of alcohol. The SIPBAR is only responsible for the provision of a pop-up bar service and facilitating onsite experiences such as a Craft Beer Session, Wine Bar, Spirits Bar and Signature Cocktail Station;

“Special Occasion Permit”, also referred to as SOP, means the permit required by the LCBO to allow for the service of alcohol at a public event or in a public space.

“Terms & Conditions” means the Terms and Conditions intended for clients and participating brands to review and understand prior to engaging with the SIPBAR service;

“Website” means the SIPBAR Website sipbar.co and may also be referred to as ‘the Site’;

“Wine Bar” means serving and explaining the various wines available on the SIPBAR. It does not include the sale of wine, all wine is arranged to be provided by Licensed Ontario Manufacturers or arranged to be purchased through the LCBO.

2. Applicability and Acceptance

2.1 You agree to be subject to these Terms & Conditions and the Privacy Policy by browsing, accessing or using the Website or hiring the SIPBAR Service.

2.2 The use of SIPBAR, the Website and/or SIPBAR Service is at your own risk. This Website is provided to you 'as is,' without warranty of any kind either express or implied. The content of the pages of this Website are for your general information and use only. Neither We nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials, including those originating from a third party, may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. No agent or representative has the authority to create any warranty regarding the Website on behalf of SIPBAR.

2.3 SIPBAR reserves the right to change or discontinue at any time any aspect or feature of the Service or Website.

2.4 These Terms & Conditions and the Privacy Policy, as amended from time-to-time, govern the Service and your use of the Website as provided by SIPBAR.

2.5 SIPBAR reserves the right to amend these Terms & Conditions and the Privacy Policy at its sole discretion and as it sees fit without notice to you, the Client, or a Brand. Such changes will be made by posting them to the Website.

2.6 If you do not agree to these Terms & Conditions and the Privacy Policy, you must not access or otherwise use the Website or SIPBAR Service. Your use of the Website after any amendment, signifies your acceptance of these Terms & Conditions and the Privacy Policy and any such amendments as made by SIP.

2.7 SIPBAR does not supply alcohol or encourage immoderate consumption of liquor or any other form of alcohol. Please enjoy responsibly.

2.8 SIPBAR does not permit any individual under 19 years of age to consume alcoholic beverages of any kind.

3.Use of SIPBAR: Brands

3.1.1 You agree to abide by all of the laws of your jurisdiction. If you are an alcohol company, you agree to serve alcohol in accordance with the laws of your jurisdiction, including verifying that all consumers are of legal drinking age in the jurisdiction through legal documentation or otherwise.

3.1.2 You understand that SIPBAR is not a purveyor of alcohol and does not hold itself out to be a purveyor of alcohol. SIPBAR is an online platform for the provision of a pop-up bar service only. SIPBAR’s Terms & Conditions and Privacy Policy promotes compliance with local liquor laws to ensure that its brands and clients operate within the law. SIPBAR exonerates itself from any and all liability attributable to brands who operate outside the law.

3.1.3 You agree and understand that SIPBAR does not sell alcohol, but rather arranges for you to feature your product, or the product that you represent as an agency, on the SIPBAR;

3.2 You agree that Data Collected at the SIPBAR shall be shared with SIPBAR. Data includes but is not limited to individual emails collected, return on investment, generated sales, samples offered and other information related to the SIPBAR events which is gathered before, during or after the event;

3.3 You acknowledge that SIPBAR may use third party affiliates to facilitate the Service. You agree to the use of our Terms and Conditions and the legal policies of these affiliates only to the extent that they are applicable to the purposes of the affiliate;

3.4 You agree that any registration with SIPBAR or any third-party affiliates that SIPBAR may use for the Service will contain true and accurate information. You agree that any registered information will be maintained and remain up-to-date, true and accurate;

3.5 You agree that SIPBAR retains the right to terminate your access, without notice, to SIPBAR, the Service, the Website, and any other aspect of SIPBAR if you violate or are in breach of these Terms & Conditions, the Privacy Policy or the terms & conditions and policies of any third party affiliates;

3.6 You have the right to discontinue access to and the use of SIPBAR at any time subject to the completion of agreed upon SIPBAR events. Furthermore, SIPBAR retains the right to maintain records of your basic information (company name, email address, location and other pertinent information as required by SIPBAR or the law) for up to 10 years for the purposes of maintaining records, protecting SIPBAR, its Clients and Brands, and reducing the risk of fraud and other malicious and illegal acts by you or any other person.

4. Use of SIPBAR: Customers

4.1 You agree to host and grant access to SIPBAR and SIPBAR brands in your private office space, home or public event venue, however the case may be, for the purpose, and duration, of the event;

4.2.1 You agree that SIPBAR and SIPBAR brands will display their product prominantly during your event, as part of hiring the SIPBAR service;

4.2.2 You agree to provide access to your venue, either public or private, for SIPBAR and brands to set up at least one and a half (1.5) hours before the event.

4.2.3 You agree to that the minimum service fee for SIPBAR is for a duration of two (2) hours, unless otherwise agreed to with SIPBAR.

4.3.1 You agree to pay each invoice in its entirety prior to the date of the SIPBAR, unless otherwise mutually agreed to with SIPBAR;

4.3.2 You agree and understand that SIPBAR does not sell alcohol, but rather arranges for the provision of alcohol from licensed Ontario Beer and Wine Manufacturers and/or the LCBO;

4.4. You agree to allow SIPBAR and SIPBAR partner brands to take photographs in your space. SIPBAR has the ability to use all media and content created or captured at the SIPBAR for whatever purpose they deem fit, unless otherwise specified by you in writing to SIPBAR.

4.5. You agree to take complete responsibility for your guests’ consumption of alcohol, their subsequent actions upon the consumption of alcohol, and any additional liability that may extend from the consumption of alcohol on your premises including but not limited to responsible drinking, limiting consumption, facilitating transportation and ensuring safety. SIPBAR does not permit the immoderate consumption of alcohol;

4.6. You agree that our Smart-Serve Certified Bartenders retain the right to terminate service to any individual displaying signs of intoxication;

4.7. You agree to ensure that event attendees with access to SIPBAR are 19 years of age or older. You shall inform SIPBAR in writing whether event attendees are expected to be under the age of 19. SIPBAR does not serve alcoholic beverages of any kind to persons who are under 19 years of age.

4.8. Cancellation Policy + Modifying Orders

4.8.1 Bookings made within 7 days of your event: You agree that if you purchase the SIPBAR service within 7 days of your event date, there is no refund available;

4.8.2 Bookings made between 7 - 14 days of your event:

4.8.2.1 You agree that you will receive a partial refund of 50% of the total purchase made if you cancel your event within 7 days from the date that you booked your event; 4.8.2.2 You agree that there is no refund available for cancellations made with 7 days or fewer remaining until the event date;

4.8.3 Bookings made outside of 14 days of your event:

4.8.3.1 You agree that you will receive a full refund if you cancel your event within 7 days from the date that payment was made for your event;

4.8.3.2 You agree that cancellations that are made after 7 days from the date that you made payment for your event you will receive a partial refund of 50% of the total purchase made for the SIPBAR service;

4.8.3.3 You agree that there is no refund available for cancellations made within 7 days or fewer remaining until the event date.

4.8.4 Modifying Orders - If you wish to modify your Order you must get in touch with SIPBAR via email or the SIPBAR support phone line. SIPBAR will use reasonable efforts to make the changes you request but does not guarantee that modifications will be effected unless SIPBAR is notified at least 7 days in advance of the event date. SIPBAR’s ability to make changes to an Order with less than a 7-day prior notice depends on the availability of the requested modification.

4.9. Special Occasion Permits (SOP)

4.9.1. You agree and understand that an SOP is required for Public Events that are accessible and are advertised to the general public;

4.9.2. You agree and understand that an SOP is not required for a Private Event in a private home or office, that is by invite only and is not advertised to the general public;

4.9.3. You agree and understand that you are responsible for acquiring an SOP for your event, which shall be sent to SIPBAR prior to your event date.

4.9.3.1. SIPBAR will not service a Public Event that does not have an SOP for that event.

4.9.3.2. You agree and understand that you are responsible for ensuring the accuracy of the SOP and for completing the form to the best of your ability;

4.9.4. You agree and understand that SIPBAR is not liable for your failure to properly complete the SOP and for breach of conditions on the SOP, including but not limited to the number of expected attendees, whether the event is public or private, and if it is a “for sale” or “no sale” event.

4.9.5. SIPBAR is not liable for any failure to acquire a proper SOP and is not liable for any penalties or fines that may arise as a result of such a failure.

5. Payment

5.1 SIPBAR may collect payment information from clients. This information will be regulated by our Privacy Policy;

5.2 SIPBAR processes payments and secures payment information via third party affiliates such as Freshbooks, Stripe Payments Canada, Ltd, Shopify Inc and any other service which may be subject to change from time-to-time at SIPBAR’s sole discretion to facilitate the Service.

5.3 Clients may redeem promotional discounts as they are applicable, and if they are distributed by SIPBAR at SIPBAR’s discretion from time-to-time.

6. Liability

6.1 This section outlining liability is intended to protect SIPBAR from any and all liability to the maximum extent of the law.

6.2 Clients, Brands or any person who accesses SIPBAR shall use SIPBAR at their own risk.

6.3 To the extent the law allows, SIPBAR is not responsible for any damage or loss, including loss of life, resulting from the use or intended use of SIPBAR.

6.4 To the extent the law allows, you shall fully defend, indemnify and hold harmless SIPBAR and its vendors, affiliates or content or service providers from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of SIPBAR, including any claims made by any person that any of your registration information infringes the rights, including the intellectual property rights, of any third party.

6.5 In no event shall SIPBAR or any of its vendors, affiliates or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, the products and Services on this Site or under any theory of liability whatsoever even if SIPBAR or such individual has been advised of the possibility of such damages. This includes any loss or damage which may be incurred by you including, but not limited to, loss or damage as a result of:

6.5.1 Any reliance placed by you on the completeness, accuracy or existence of content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the Site;

6.5.2 Your failure to provide accurate Account information; or

6.5.3 Any change made by SIPBAR to the Site or for any permanent or temporary cessation in the provision of Services.

6.6 From time to time the Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We have no responsibility for the content on the linked Website(s) and our terms of use do not extend to any third-party websites linked from the Website.

7. Copyright and Intellectual Property

7.1 Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of SIPBAR.

7.2 All intellectual property, content, designs, Services and products created by and provided by SIPBAR are owned by SIPBAR.

8. Communication

8.1 SIPBAR accepts no liability for the content of any email we send, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing.

8.2 SIPBAR does not collect any personal data about you on this Website, apart from information which you volunteer via our online forms or by emailing us directly. Where you voluntarily provide materials and information, the data will be considered confidential and will not be reproduced, made public or posted. Any information which you provide in this way will not be made available to any third party and will only be used by SIPBAR for the purposes of responding to customer questions and concerns and any other reason as prescribed by law.

9. Severability

9.1 If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

10. Entire Agreement

10.1 Unless otherwise agreed in writing, these Terms and Conditions and Privacy Policy constitute the entire agreement between you and SIPBAR regarding your use of SIPBAR, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and SIPBAR regarding your use of SIPBAR

11. Governing Law

11.1 The laws of Ontario and the laws of Canada applicable in that province, excluding any rule or principle of conflicts of law that may provide otherwise, govern this agreement.

12. Questions or concerns

12.1 If you have any questions or concerns about SIPBAR, the Terms & Conditions or the Privacy Policy please contact us at hello@sipbar.co.