Last revised on July 11, 2017
1.Acceptance of Terms
By accepting these Terms, you acknowledge and understand that Bottlebond does not, through its Services either directly or indirectly sell any alcohol or alcoholic beverages to Users and provides the Services solely for the purpose of Users making Reservations for Provider Services.
The Services are provided solely to assist Users to connect with other Users to form a group (a “Group” or “Groups”) and legitimately gathering information regarding night clubs, bars and other event venues (the “Venues” or a “Venue”) and contracting to reserve certain services from Users who own and/or operate such Venues (the “Providers” and such services the “Provider Services”), which include, without limitation, booking tables, booths or bar sections for potential purchase once at the Venue (any such reservation effected through the Provider Services hereafter referred to as a “Reservation”) from such Venues on a given date (the “Event Date”), at a certain time (the “Order Delivery Time”). The Reservation remains pending until the Provider accepts such Reservation. Once a Group is formed, you may select various options including but not limited to the date, your budget and type of Venue and designate a User (the “Host”) to submit quotations to other Hosts based on the selection of beverages and alcohol bottles offered at a select Venue (a “Selection”), in order to lower the budget of each User of the Group. Such Selection does not amount to a reservation or a purchase, and is provided solely for the purposes of facilitating budget organization amongst Groups. Your Selection shall be visible only to members of your Group, and to the Provider once you arrive at the Venue on the Event Date. Bottlebond is not responsible nor liable and has no control over the time at which your Selection will be served to your Group by the Venue once at the Venue, but Bottlebond advises Groups to arrive about fifteen (15) minutes before Order Delivery Time, and Bottlebond advises Venues to serve Groups their Selection no earlier than at the Order Delivery Time. Hosts may exchange information and change the parameters of the chosen options until both Hosts are satisfied and the quotation is accepted (a “Bond” is formed). By designating a Host, you accept that the options you selected, including the budget may vary. You will be prompted in the Bottlebond mobile application if a new budget is set for the Group, and therefore increases the budget you initially set. You will then have the option to accept or decline such increase. Upon your arrival to the Venue, you or any member of your Group may be asked to provide a valid government-issued ID, as well as the credit card used to reserve the Provider Services.
3. Account & Eligibility
This Agreement will remain in full force and effect while you use the Service and/or have a Bottlebond account (the “Term”). You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Bottlebond may terminate or suspend your account at any time without notice if Bottlebond believes that you have breached this Agreement in its sole discretion. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “No Waiver”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law”.
5.Payment & Fees
User agrees to pay to Provider any applicable fees for each Service, Provider Service (the “Provider Fees”) or Selection that User purchases, reserves or uses, in accordance with the pricing and payment terms presented by Provider for such Service. Such Provider Fees and Selection, where applicable, shall be payable on the Event Date once a member of your Group arrives to the Venue. Where applicable, you will be billed directly from Provider and redirected for payment through Stripe.
You may cancel any Reservation for a Provider Service through the Platform before 8pm on the Event Date. If you cancel a Reservation for a Provider Service after 8pm on the Event Date, or if you or your Group does not show up to the Venue, you will be charged for such Provider Service, but not for the Selection.
7.Non-commercial Use by Users.
The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by Bottlebond. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, corporations, and/or businesses may not use the Service for any purpose except with Bottlebond’s express consent (such as for promoted profiles or other advertisements), which Bottlebond may provide or deny in its sole discretion.
You are responsible for maintaining the confidentiality of your Facebook login credentials you use to sign up for Bottlebond, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify Bottlebond of any disclosure or unauthorized use of your login credentials at email@example.com.
9.Your Interactions with Other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT BOTTLEBOND CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. BOTTLEBOND ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. BOTTLEBOND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
10.Conduct of other Users.
In no event shall Bottlebond, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service.
Bottlebond owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Bottlebond and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of Bottlebond or, if such property is not owned by Bottlebond, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
During the Term, Bottlebond grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in these Terms. User agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Bottlebond are owned exclusively by Bottlebond or its licensors. All rights not granted to User in these Terms are reserved by Bottlebond.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other Users, including messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to Bottlebond or any other User (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth herein. You understand and agree that Bottlebond may, but is not obligated to, monitor or review any Content you post as part of a Service. Botlebond may delete any Content, in whole or in part, that in the sole judgment of Bottlebond violates these Terms.
By posting Content as part of the Service, you grant to Bottlebond a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Bottlebond may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of Bottlebond or any other person.
You acknowledge and agree that neither Bottlebond nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
BOTTLEBOND PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BOTTLEBOND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
You agree to indemnify and hold Bottlebond, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms (including any breach of your representations and warranties contained herein), any postings or Content you post in the Services, and the violation of any law or regulation by you.
17.Relationship between Bottlebond and you
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
The fact that Bottlebond has not insisted on full performance of any commitment described in these Terms or failed to exercise any of the rights granted herein shall not be considered a waiver of such right or to the full performance of such a commitment in the future. Unless there is a provision to the contrary, any waiver by Bottlebond to any of the rights will only take effect if documented in writing and such waiver will only apply to the rights and circumstances expressly set out in such waiver.
19.Severability, Force Majeure, Entire Agreement & Headings
If one or more of the provisions of these Terms is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of these Terms shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under these Terms (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. These Terms constitute the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in these Terms have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
20.Representations and Warranties
User represents and warrants that currently and throughout its use of the Services (i) he or she is fully authorized to enter into these Terms and that User is fully authorized to use the Services, (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to these Terms, including but not limited to privacy laws; and (iii) if User imports, uploads or provides any information into any software, program or platform provided as part of the Services, then User warrants that such information provided is rightfully collected and will comply with all applicable laws and regulations. User and each of its users agree to comply with all Bottlebond policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s Account. User will indemnify Bottlebond for any costs, fines or damages incurred by Bottlebond due to User’s failure to comply with this section.
These Terms shall be construed in accordance with the laws applicable in the province of Quebec, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with these Terms or resulting from the Services shall be settled exclusively by arbitration in Montreal (Canada), in accordance with the Code of civil procedure of the province of Quebec (CQLR c C-25.01).
The parties hereto have expressly required that these Terms be drafted in English. Les parties aux présentes ont expressément exigé que la présente entente soit rédigée en anglais.