term & conditions
Introduction
1.1 Acceptance of Terms
By accessing or using Drink'In Drive's services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our services. These Terms constitute a legally binding agreement between you and Drink'In Drive Inc. ("Company," "we," "us," or "our").
1.2 Modification of Terms
Drink'In Drive reserves the right to modify these Terms at any time. Modifications will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the amended terms, you must stop using our services.
1.3 Definitions
"Company": Drink'In Drive Inc.
"Client": The individual or entity booking services.
"Services": Mobile bartending services provided by Drink'In Drive.
"User": Any person accessing our website or services.
"Agreement": These Terms and Conditions, including any amendments or modifications.
2. Description of Services
2.1 Types of Services
Drink'In Drive offers a wide range of mobile bartending services for various events, including but not limited to:
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Private Parties
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Corporate Events
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Weddings
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Festivals
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Community Events
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Concerts
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Sports Events
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Fundraisers
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Product Launches
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Holiday Celebrations
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Themed Parties
2.2 Service Areas
Our services are available in specified geographical areas as listed on our website. Service availability may vary based on location and event type. We strive to expand our service areas and keep our clients informed about any changes.
2.3 Service Limitations
Services are subject to availability and may be modified or discontinued at any time. We reserve the right to refuse service to anyone for any reason. Service limitations may include, but are not limited to, maximum guest capacity, specific venue restrictions, and legal constraints.
2.4 Customization and Special Requests
Clients may request customized services tailored to their specific event needs. This may include specialized drink menus, themed bar setups, or unique beverage selections. All special requests must be made at least 30 days prior to the event and are subject to additional charges.
2.5 Equipment and Supplies
Drink'In Drive provides all necessary equipment and supplies for bartending services, including bar setups, glassware, mixers, garnishes, and utensils. Clients are responsible for providing the alcoholic beverages unless otherwise agreed upon in writing.
2.6 Staff
Our professional bartenders are trained and certified to provide exceptional service. All staff members are required to adhere to our strict code of conduct and are subject to background checks.
3. Eligibility
3.1 Age Requirements
You must be at least 19+ years old to use our services. By booking our services, you confirm that all guests consuming alcoholic beverages at your event are of legal drinking age. We reserve the right to verify age through valid identification.
3.2 Legal Authority
You must have the legal authority to enter into this agreement. By booking our services, you confirm that you have the legal right and capacity to enter into these Terms. This includes ensuring compliance with all local, state, and federal laws and regulations applicable to your event.
3.3 Representation and Warranties
You represent and warrant that:
All information you provide to us is accurate, complete, and current.
You will comply with all applicable laws and regulations.
You have obtained all necessary permissions, licenses, and consents to host the event.
4. Account Creation and Maintenance
4.1 Registration Requirements
To use certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Failure to provide accurate information may result in the suspension or termination of your account.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account.
4.3 Account Termination
4.4 Multiple Accounts
We reserve the right to suspend or terminate your account at any time if you breach these Terms or if we believe that your actions may harm our services or other users. You may terminate your account at any time by contacting our customer service team. Upon termination, your right to use the services will immediately cease.
Users are prohibited from creating multiple accounts without our express permission. Any violation of this policy may result in the suspension or termination of all associated accounts.
4.5 Account Transfer
Accounts are non-transferable and any transfer or attempted transfer of your account to another party is void.
5. Bookings and Payments
5.1 Booking Process
To book our services, complete the booking form on our website and pay a non-refundable deposit. The booking is not confirmed until the deposit is received. Detailed instructions on the booking process are provided on our website.
5.2 Payment Methods
We accept various payment methods, including credit cards, debit cards, and electronic transfers. All payments must be made in the agreed currency. We use secure payment gateways to process transactions.
5.3 Pricing and Fees
Prices are subject to change without prior notice. Prices confirmed at the time of booking will be honored. Any additional services or requests will incur additional charges. Detailed pricing information is available on our website or upon request.
5.4 Payment Terms
The remaining balance must be paid in full no later than 14 days before the event date. Failure to make timely payments may result in the cancellation of your booking. Payment plans may be available upon request and approval.
5.5 Late Payments
In the event of late payments, we reserve the right to charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We may also suspend or terminate your booking.
5.6 Refund Policy
Refunds are processed according to our cancellation policy. Non-refundable deposits will not be returned. Refund requests must be made in writing and will be processed within 30 days of receipt.
5.7 Rescheduling Policy
Clients may request to reschedule the event date at least 30 days before the original event date. Rescheduling is subject to availability and may incur additional fees. Detailed rescheduling procedures are provided on our website.
5.8 Currency
All payments are to be made in the agreed currency as specified at the time of booking. Any currency conversion fees or charges are the responsibility of the client.
5.9 Payment Disputes
If you believe there has been an error in billing, you must notify us within 30 days of the billing date. We will review and resolve the dispute in accordance with our policies. Failure to notify us within this timeframe may result in the waiver of your right to dispute the charges.
5.10 Discounts and Promotions
From time to time, we may offer discounts or promotions. These are subject to specific terms and conditions and may not be combined with other offers. Promotional pricing is only valid for the period specified.
6. Cancellations and Refunds
6.1 Client Cancellations
More than 30 Days Before Event: Cancellations made more than 30 days before the event will receive a 50% refund of the total booking cost, minus the non-refundable deposit.
Less than 30 Days Before Event: Cancellations made less than 30 days before the event will not be eligible for a refund. In the event of a cancellation, you must provide written notice.
6.2 Company Cancellations
Drink'In Drive reserves the right to cancel services due to unforeseen circumstances such as extreme weather conditions, illness, or other emergencies. In such cases, a full refund will be issued. We will make reasonable efforts to notify you as soon as possible.
6.3 Refund Process
Refunds will be processed within 30 days of the cancellation request. Refunds will be issued to the original payment method. You will receive a confirmation email once the refund has been processed.
6.4 Rescheduling
Clients may request to reschedule the event date at least 30 days before the original event date. Rescheduling is subject to availability and may incur additional fees. A new date will be confirmed based on our availability and your preferences.
6.5 No-Show Policy
If the client fails to show up for the event without prior notice, no refund will be issued, and the full booking amount will be charged. This policy is strictly enforced to compensate for the time and resources allocated to your booking.
6.6 Partial Cancellations
If a client wishes to cancel only a portion of the services booked, such as specific add-ons or features, they must provide written notice at least 30 days before the event. Partial cancellations may result in a revised booking cost and are subject to approval.
6.7 Force Majeure
Neither party shall be liable for any failure to perform its obligations under these Terms if such failure is caused by events beyond the reasonable control of the affected party, including but not limited to natural disasters, war, strikes, or government actions.
Privacy Policy Updates
We may update our Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on our website, and your continued use of our services constitutes acceptance of the updated policy.
Contact Information
If you have any questions about our Privacy Policy, please contact us at:
Drink'In Drive Inc.
[Address]
info@drinkindrive.com
[Phone Number]
7. Intellectual Property
7.1 Ownership
All content, trademarks, and data on our website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs, and agreements, are the property of or licensed to Drink'In Drive and as such are protected from infringement by local and international legislation and treaties.
7.2 Use of Intellectual Property
No person may use logos, icons, or trademarks from the website as hyperlinks or for other purposes without our written consent. Unauthorized use of our intellectual property is strictly prohibited.
7.3 Prohibited Actions
You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software unless laws prohibit those restrictions or you have our written permission.
7.4 User-Generated Content
If you submit any user-generated content, including but not limited to reviews, comments, or photos, you grant Drink'In Drive a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
7.5 Infringement Claims
If you believe that your intellectual property rights have been infringed by content on our website, please contact us with a detailed description of the alleged infringement. We will investigate and take appropriate action, including removing the infringing content if necessary.
8. Prohibited Conduct
8.1 User Conduct
You agree not to use the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Services in any way that could damage the Services or general business of Drink'In Drive.
8.2 Prohibited Activities
You agree not to use the Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights
To violate any intellectual property rights of Drink'In Drive or any third party
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
To perpetrate any fraud
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
To publish or distribute any obscene or defamatory material
To publish or distribute any material that incites violence, hate, or discrimination towards any group
To unlawfully gather information about others
8.3 User Responsibilities
You are responsible for your conduct and any content you post or transmit while using our services. You agree to comply with all applicable laws and regulations.
8.4 Reporting Violations
If you become aware of any conduct that violates these Terms, you must immediately report it to Drink'In Drive. We will investigate and take appropriate action.
8.5 Consequences of Violations
Violations of these Terms may result in the suspension or termination of your account, legal action, and/or other consequences as deemed necessary by Drink'In Drive.
9. Amendments
9.1 Right to Amend
We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of the revised Terms.
9.2 Notification of Changes
We will notify you of any material changes to these Terms by posting a notice on our website or by sending you an email notification. It is your responsibility to review the updated Terms.
9.3 Reviewing Updates
You are encouraged to review these Terms periodically to ensure you are aware of any changes. If you do not agree to the amended Terms, you must stop using our services.
10. Dispute Resolution
10.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the state in which Drink'In Drive operates. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts in that state.
10.2 Arbitration
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the state in which Drink'In Drive operates, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
10.3 Legal Expenses
In the event of any legal action or proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.
10.4 Informal Dispute Resolution
Before initiating arbitration, the parties agree to attempt to resolve any dispute informally by contacting each other. If a dispute is not resolved within 30 days of notice, either party may proceed with arbitration.
10.5 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
10.6 Limitation of Liability
To the fullest extent permitted by law, Drink'In Drive's liability for any claims arising under these Terms shall be limited to the amount you paid for the services in the six months preceding the claim.
10.7 Equitable Relief
Nothing in these Terms shall prevent Drink'In Drive from seeking equitable relief, including but not limited to injunctive relief, in any court of competent jurisdiction.
11. Miscellaneous
11.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will otherwise remain in full force and effect and enforceable.
11.2 Entire Agreement
These Terms constitute the entire agreement between you and Drink'In Drive and govern your use of our services, superseding any prior agreements between you and Drink'In Drive.
11.3 No Waiver
The failure of Drink'In Drive to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
11.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Drink'In Drive's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Drink'In Drive may assign or transfer these Terms at its sole discretion without restriction.
11.5 Force Majeure
Drink'In Drive shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
11.6 Relationship of Parties
You and Drink'In Drive are independent contractors, and these Terms do not create a partnership, joint venture, agency, or employment relationship between you and Drink'In Drive.
11.7 Headings
The headings in these Terms are for convenience only and shall not affect their interpretation.
11.8 Language
These Terms are provided in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or discrepancy between the English version and any translation.
12. Termination
12.1 Termination by Client
lients may terminate their use of our services at any time by providing written notice to Drink'In Drive. However, termination does not entitle the client to a refund of any payments made. Termination will be effective upon receipt of the notice by Drink'In Drive.
12.2 Termination by Company
Drink'In Drive reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the services will immediately cease.
12.3 Effects of Termination
Upon termination, your right to use the services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12.4 Termination Procedures
Upon termination, you must cease all use of the services and delete any materials obtained through the services. We may disable access to your account and any content you posted or transmitted.
12.5 Refunds on Termination
Refunds on termination are governed by our cancellation and refund policy. No refunds will be provided for termination due to breach of these Terms.
12.6 Data Retention
Upon termination, we may retain your personal information as required by law or for legitimate business purposes. We will ensure the confidentiality of such retained data and use it only as necessary.
13. Notices
13.1 How to Give Notice
All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered by hand, (b) when sent by email (with acknowledgment of receipt), or (c) one day after sending by a recognized overnight delivery service.
13.2 When Notice is Deemed Given
Notices will be deemed to have been given (a) if delivered by hand, on the date of delivery; (b) if sent by email, on the date of receipt; and (c) if sent by overnight delivery service, on the date of receipt as shown in the records of the delivery service.
14. Contact Information
14.1 Customer Service
For customer service inquiries, please contact us at:
Drink'In Drive Inc.
support@drinkindrive.com
[Customer Service Phone Number]
14.2 Legal Inquiries
For legal inquiries, please contact us at:
Drink'In Drive Inc.
info@drinkindrive.com
[Legal Department Phone Number]
14.3 Contact Information for Notices
Notices to Drink'In Drive should be sent to the following address:
Drink'In Drive Inc.
info@drinkindrive.com
[Phone Number]
14.4 Notice to You
Notices to you will be sent to the email address or physical address provided during the booking process. It is your responsibility to ensure that this information is accurate and up to date.
14.5 Electronic Communications
You consent to receive communications from us electronically. We may communicate with you by email, text message, or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Appendix: Additional Terms and Examples
A. Examples of Prohibited Conduct
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Harassment: Sending repeated and unwanted communications to other users or staff.
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Intellectual Property Infringement: Using copyrighted material without permission.
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Fraud: Providing false information during the booking process.
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Defamation: Posting false statements about Drink'In Drive or its staff.
B. Detailed Booking Process
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Initial Inquiry: Contact Drink'In Drive to discuss your event needs and check availability.
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Proposal: Receive a detailed proposal outlining services, pricing, and terms.
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Deposit: Pay a non-refundable deposit to secure your booking.
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Finalization: Finalize details and make remaining payments 14 days before the event.
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Event Day: Enjoy professional bartending services provided by Drink'In Drive.
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Post-Event: Receive a follow-up communication to ensure satisfaction.
C. Privacy Policy Details
Data Collection Methods:
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Online Forms: Information collected through booking forms on our website.
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Email Communication: Information provided through email exchanges.
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Cookies: Information collected through cookies and web beacons.
Data Use:
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Service Provision: Using collected data to provide and manage our services.
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Communication: Sending confirmations, updates, and promotional materials.
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Improvement: Analyzing data to improve our services and customer experience.
D. Arbitration Process
Initiation: Either party may initiate arbitration by providing written notice to the other party.
Selection of Arbitrator: The parties will select an arbitrator from the American Arbitration Association.
Arbitration Hearing: The arbitration hearing will be conducted in the state where Drink'In Drive operates.
Decision: The arbitrator's decision will be binding and may be entered into any court of competent jurisdiction.
Costs: Each party will bear its own costs and expenses of arbitration.
E. Detailed Insurance Coverage
General Liability Insurance: Covers bodily injury, property damage, and personal injury claims.
Product Liability Insurance: Covers claims arising from products served during the event.
Liquor Liability Insurance: Covers claims related to alcohol service, including third-party injuries and property damage.
F. Rescheduling Policy Examples
Example 1: Client requests to reschedule due to a family emergency. We accommodate the request and reschedule the event at no additional cost.
Example 2: Client requests to reschedule due to a change in event date. We accommodate the request but charge an additional fee due to short notice.
G. Detailed Refund Process
Refund Request: Submit a written refund request to Drink'In Drive.
Review: We review the request and determine eligibility based on our cancellation policy.
Approval: If approved, we process the refund and issue it to the original payment method.
Notification: Receive a confirmation email once the refund has been processed.
H. Examples of Venue Requirements
Example 1: Venue requires a special permit for alcohol service. The client is responsible for obtaining the permit and providing a copy to Drink'In Drive.
Example 2: Venue has specific health and safety regulations. Drink'In Drive staff adhere to these regulations and ensure compliance throughout the event.
I. Prohibited Conduct Consequences
Example 1: User harasses other guests at the event. Drink'In Drive staff intervene and ask the user to leave. The user is banned from future events.
Example 2: User posts defamatory statements online. Drink'In Drive takes legal action to address the defamation and seek damages.
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the state in which Drink'In Drive operates, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.