Terms & Conditions

SIPBAR Inc. Terms & Conditions

Revised February 4, 2018

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:

“Authorized Retailer” means any location that is authorized by the applicable state government to sell alcohol from a retail store;

“Authorized Manufacturer” means any licensed manufacturer for the production and distribution of alcoholic products;

“Beer Service” means sampling and serving various beers and/or cider available by an Authorized Retailer. Beers and/or cider is purchased on your behalf. It does not include the direct or indirect sale of beer and/or cider. All beer and/or cider is arranged and purchased from Licensed Manufacturers, where permissible, or Authorized Retailers;

“Cocktail Service” means creating, serving and explaining a signature cocktail. It does not include the sale of spirits, all spirits are arranged to be purchased from Licensed Manufacturers, where permissible, or Authorized Retailers;

“Event License” refers to the necessary license required to serve alcohol in an unlicensed venue. These licenses differ by state and county, but may be required for the service of alcohol at events that are not considered to be “Private Events”.

“Event Venue” means any location where an event is hosted;

“Guest” means attendees at a SIPBAR client’s event;

“Host” means a SIPBAR client;

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

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

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

“Portfolio Brands” means alcoholic or non-alcoholic brands that have authorized SIPBAR to represent, sample and serve their products 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 appropriate event licensing to serve alcohol;

“Service” means the service provided by SIPBAR;

“SIPBAR” means an online platform used to arrange and schedule the SIPBAR Service to create a pop-up bar for Hosts. Hosts understand that they are paying for the SIPBAR Service, which includes providing equipment, staff, and the purchasing of, on your behalf, all supplies, including but not limited to ice, mixers and alcohol beverages. SIPBAR does not engage in the sale of alcohol and is not a licensed retailer. SIPBAR is not a supplier of alcohol. 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;

“Spirits Service” means serving a variety of spirits. Spirits are purchased on your behalf. The Spirits Service does not include the direct or indirect sale of spirits. All spirits are arranged and purchased through Licensed Manufacturers, where permissible, or Authorized Retailers;

“Terms & Conditions” means the Terms and Conditions intended for Hosts and potential clients’ understand prior to engaging with the SIPBAR service;

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

“Wine Service” means serving and explaining the various wines available on the SIPBAR. The Wine Service does not include the direct or indirect sale of spirits. All spirits are arranged and purchased through Licensed Manufacturers, where permissible, or Authorized Retailers;

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.

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 SIPBAR.

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

3. Use of SIPBAR

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

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

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

3.4. You agree to complete payment for your event in accordance with SIPBAR payment terms outlined below, unless otherwise agreed to by SIPBAR;

3.5. You agree and understand that SIPBAR does not sell alcohol or make a surcharge or commission on alcohol. Payment to SIPBAR is solely for the services available on the website and not for the sale of alcohol.

3.6. You agree that by hiring SIPBAR for your event, you thereby authorize SIPBAR to arrange for the provision of alcohol from authorized retailers and/or manufacturers and SIPBAR will act as your agent to purchase alcoholic beverages from an Authorized Manufacturer, where permissible, or Authorized Retailer but that all alcohol purchases are accepted and ultimately fulfilled by licensed alcohol beverage manufacturers or retailers. You acknowledge that SIPBAR is providing a service to, and acting on your behalf;

3.7. You agree and understand that you have the ability to select the variety of alcohol brands, beyond the typical SIPBAR selection, which are purchased on your behalf and served at your event;

3.8. You agree and understand that SIPBAR will service any specific requests for brands of alcohol for your event. In these cases, you authorize SIPBAR to purchase the requested alcohol from authorized retailers and that you will pay retail value for the alcohol purchased;

3.9. You agree that by authorizing SIPBAR to photograph your event, 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;

3.10. You agree and understand that SIPBAR does not allow for the irresponsible consumption of alcohol;

3.11. You agree and understand that SIPBAR bartenders retain the right to terminate service to any individual displaying signs of immoderate intoxication;

3.12. SIPBAR does not permit any individual under the legal drinking age, which may vary by state or country, to consume alcoholic beverages of any kind;

3.13. You agree to ensure that event attendees with access to SIPBAR are above the legal drinking age, however the case may be. You shall inform SIPBAR in writing whether event attendees are expected to be under the legal drinking age and will supply the necessary materials to identify said attendees (bracelets, stamps etc). SIPBAR will not serve alcoholic beverages of any kind to persons who are under the legal drinking age;

3.14. 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.

4. SIPBAR Services

4.1. “Beer Service” means sampling and serving various beers and/or cider;

4.2. “Wine Service” means serving and explaining various wines;

4.3. “Spirits Service” means serving a type or variety of spirits;

4.4. “Cocktail Service” means creating and serving signature cocktails identified on the SIPBAR website, or other special cocktail requests;

4.5. SIPBAR services include all necessary materials for the execution of a successful event, including but not limited to: Bartenders + Service, Event Consultation, Event Set-Up + Aesthetic, Bar Mixology Tools + Garnishing Ingredients, Non-Alcoholic Options (soft drinks, bottled water, etc), Event Materials (ice, cups, glassware, serving trays, linens, tables, etc.), Food Catering (SIPBAR has partner catering companies to handle all food orders), Brand Education, Cocktail Creation, Mixology lessons, and arranging for the provision of alcohol. For the avoidance of doubt, SIPBAR Services do not include the sale of alcoholic beverages, whether beer/cider, wine or spirits, but all alcoholic beverages are arranged to be purchased on your behalf through Authorized Manufacturers or Authorized Retailers.

5. Event Licensing

5.1. You represent and warrant that that your event is appropriately licensed to serve alcohol;

5.2. You agree and understand that you are responsible for submitting an application for the appropriate event license in a timely manner to ensure that the license is received prior to the event;

5.3. You agree to assume all liability associated with event licensing, including any risk exposure resulting from failing to obtain the appropriate event license to serve alcohol at your event;

5.4. You agree and understand that although a SIPBAR representative may advise you on the event licensing process, it is ultimately your responsibility to ensure that your event is properly licensed. SIPBAR holds no liability for your failure to acquire the appropriate license for your event.

6. Payment

6.1. You agree and understand that payment must be completed in full prior to your event or SIPBAR will not service your event, unless otherwise agreed to by SIPBAR and you further agree and understand that SIPBAR may not purchase alcoholic beverages on your behalf without your authorization, request and full payment for such alcohol;

6.2. You agree and understand SIPBAR’s Cancellation and Refund Policy outlined in these terms and conditions;

6.3. You agree and authorize SIPBAR to collect your payment information. This information will be regulated by our Privacy Policy;

6.4. You understand that SIPBAR processes payments and secures payment information via third party affiliates such as Freshbooks, Quickbooks, 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.

6.5. You understand that, at its discretion, SIPBAR may issue promotional discounts as they are applicable from time-to-time.

6.6. You agree and understand that SIPBAR does not take responsibility for the number of guests that attend your event, or the duration of your event. For further clarification, all event details must be settled prior to your event date. SIPBAR will not provide a refund if your event does not match the information provided to SIPBAR.

7. Cancellation and Refund Policy + Modifying Orders

7.1. 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;

7.2. Bookings made outside of 7 days from your event:

7.2.1. You agree that you will receive a partial refund of 50% of the total purchase made if you cancel your event prior to 7 days from the date that you booked your event;

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

7.3. 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.

8. Liability

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

8.2. Hosts, or any person who accesses SIPBAR, shall use SIPBAR at their own risk;

8.3. 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;

8.4. 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.

8.5. 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:

8.5.1. 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;

8.5.2. Your failure to provide accurate Account information; or

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

8.6. 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.

9. Copyright and Intellectual Property

9.1. 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.

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

10. Communication

11.1. 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.

11. Severability

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. Entire Agreement

12.1. 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

13. Governing Law

13.1. 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.

14. Questions or concerns

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