Findyoursip Inc. Terms & Conditions

Revised March 3, 2016

Terms & Conditions

Please read the Terms & Conditions and the Privacy Policy carefully before using the service, the Website and/or Mobile Application of Find Your Sip Inc.

1. Interpretation

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

“Account” means a profile created by a User and registered with SIP for the purposes of the Service and payment;

“Alcoholic Drink”, also known as a “Welcome Drink”, means a drink or beverage that contains liquor or any other form of alcohol that is served by one of SIP’s Partners;

“Drink”, also known as a “Welcome Drink” means a drink or beverage, which may or may not contain liquor or any other form of alcohol, served by one of SIP’s Partners; 

“Every day” means each and everyday;

“Mobile Application” means the mobile app or the app designed and operated by SIP, which facilitates the Service;

“Partner” means an establishment (a restaurant, bar or other establishment of a similar nature), also known as a “Partner”, that has agreed to partner with SIP for the purposes of SIP, to be referred to as a “SIP Spot”, all of these terms may be used interchangeably;

“Privacy Policy” means the Privacy Policy of SIP;

“SIP” means Find Your Sip Inc. also known as SIP, We, Us and other terms of similar meaning, SIP also includes the Service, the Website and the Mobile Application;

“Service” means the service provided by SIP;

“Terms & Conditions” means the Terms and Conditions for Users of SIP; “Terms of Use” Means the Terms of Use for Partners;

“User” means the paying subscriber of SIP, also known as the “Customer”, to be referred to as a “Sipper” or “SIP Member”, all of these terms may be used interchangeably;

“Users in Ontario” means any Sipper who is using the Service within the Province of Ontario; and

“Website” means the SIP Website findyoursip.com and may also be referred to as ‘the Site’.

 

2. Applicability and Acceptance

2.1 Whether registered or not, you have agreed to be subject to these Terms & Conditions and the Privacy Policy by browsing, accessing or using the Website or Mobile Application.

2.2 The use of SIP, the Website and/or the Mobile Application 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 and the Mobile Application 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 or the Mobile Application 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 SIP.

2.3 SIP reserves the right to change or discontinue at any time any aspect or feature of the Service, Website or Mobile Application.

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

2.5 SIP 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 User, or a Partner. 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 Mobile Application. Your use of the Website or the Mobile Application after any amendment, signifies your acceptance of these Terms & Conditions and the Privacy Policy and any such amendments as made by SIP.

2.7 SIP does not encourage immoderate consumption of liquor or any other form of alcohol. Please drink responsibly.

 

3. Use of SIP

3.1 You agree that you are of legal drinking age in the jurisdiction that you might use SIP to obtain an Alcoholic Drink. SIP is primarily intended for those who are of the legal drinking age in the areas the SIP operates. You must provide legal documentation to support your age if requested to do so by SIP for the purposes of age verification. If you are not of legal drinking age, you may not use SIP to obtain an Alcoholic Drink and must discontinue the access, use and browsing of SIP for such purpose.

3.2 You agree to use SIP for personal and not commercial purposes.

3.3 You agree to register not more than one Account and not to trade, transfer or sell your Account to any person.

3.4 You acknowledge that SIP may use third party affiliates to facilitate the Service. You agree to the use of and terms and conditions and legal policies of these affiliates only to the extent that they are applicable to the purposes of the affiliate.

3.5 You agree that any registration with SIP or any third-party affiliates that SIP 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.

3.6 You agree to maintain your own safety and security with registration by using an appropriate and secure password, by not sharing your password with any other person, and by taking all reasonable precautions to ensure your security while engaging in online services. You accept all risks of unauthorized access to your registration and registered information you have provided.

3.7 You agree to comply with all of SIP’s security measures and methods, including verification via email, sms or any other method SIP deems fit.

3.8 You agree the SIP retains the right to terminate your access, without notice, to SIP, the Service, the Website, the Mobile Application, and any other aspect of SIP 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.

3.9 You have the right to discontinue access to and the use of SIP, including to unsubscribe from SIP at any time. You may do so by desisting the access of SIP and/or by contacting SIP via the Website or directly by email to info@findyoursip.com. If you unsubscribe from the Service, SIP retains the right to take up to 10 business days to deactivate your Account. Furthermore, SIP retains the right to maintain records of your basic information (name, email address, location and other pertinent information as required by SIP or the law) for up to 10 years for the purposes of maintaining records, protecting SIP, its Users and Partners, and reducing the risk of fraud and other malicious and illegal acts by you or any other person.

 

4. The Service

4.1 SIP provides a service wherein Sippers subscribe to gain access to SIP’s list of Partner establishments (“SIP Spots”). The benefit received from the subscription is that a Sipper may redeem one $2 Alcoholic Drink every day, before tax. A new coupon to redeem a Drink is distributed each day. The SIP Spots offer the Sippers an Alcoholic Drink for the minimal legal price allowed for the sale of Alcoholic Drinks in the jurisdiction the Sipper is using the Service. If the relevant law dictates that there are multiple minimum price points for different servings of Alcoholic Drinks, then those price points shall apply and be complied with.

4.2 SIP does not engage in or permit practices that may tend to encourage patrons’ immoderate consumption of liquor, in accordance to the Liquor Licence Act, R.S.O. 1990, c. L.19. SIP allows a Sipper to redeem only one single alcoholic beverage each day.

4.3 In Ontario, the legal minimum price for the sale of one serving of Alcoholic Drinks is $2, inclusive of applicable taxes, according to the Liquor Licence Act, R.S.O. 1990, c. L.19 and outlined in section 4.3.1 of these Terms and Conditions. Any Sipper who wishes to redeem an Alcoholic Drink, and any SIP Spot which serves an alcoholic drink to a Sipper, must pay and charge the $2, respectively. SIP Spots will charge $2 for an Alcoholic Drink before any applicable taxes. Ontario law dictates that there are multiple minimum price points for different servings of Alcoholic Drinks that shall apply and be complied with by both the Sipper and SIP Spot as outlined in section 4.3.2 of these Terms and Conditions.

4.3.1 For the purposes of the Liquor Licence Act, R.S.O. 1990, c. L.19, a serving of liquor is prescribed, by volume and type, as follows:

1. 341 ml (12 oz.) of beer, cider or cooler. 2. 29 ml (1 oz.) of spirits.
3. 142 ml (5 oz.) of wine.
4. 85 ml (3oz.) of fortified wine.

4.3.2 If a licence holder offers for sale a serving of liquor that differs from the volume prescribed in Liquor Licence Act, R.S.O. 1990, c. L.19, the minimum price for that serving shall increase or decrease in direct proportion to the difference in volume of liquor contained in that serving. Figure 1. provides an example of different minimum pricing per volume of liquor.

Figure 1. Minimum prices for various common sizes in which liquor is served in Ontario. Source: The Alcohol and Gaming Commission of Ontario: http://www.agco.on.ca/pdfs/en/guides/9021_a.pdf. Retrieved: January 12, 2016.

4.4 Any Sipper who wishes to redeem an Alcoholic Drink must be the legal drinking age in the jurisdiction of redemption. Sippers and SIP Spots are subject to the laws that govern the establishments who are permitted to serve Alcoholic Drinks. This includes and is not limited to the quantity and method of the sale, distribution, possession and any other aspect of the handling and sale of Alcoholic Drinks as regulated by the law in the relevant jurisdictions.

4.5 SIP is not a purveyor or Alcoholic Drinks and does not hold itself out to be a purveyor of Alcoholic Drinks. SIP is a marketing platform and service that connects Sippers to SIP Spots. SIP’s Terms & Conditions and Privacy Policy promotes compliance with local liquor laws to ensure that its Partners and Users operate within the law. SIP does not intend to have any of its Sippers or SIP Spots operate outside the law. SIP exonerates itself from any and all liability attributable to any SIP Spot who shall operate outside the law.

4.6 In accordance with the Alcohol and Gaming Commission of Ontario’s Liquor Advertising Guidelines, SIP is an item such as a discounted gift card that is available to all segments of the population. SIP Spots shall provide a welcome drink to all SIP members, including those that become a SIP member on the SIP Spot’s premises. SIP Spots must provide clear notice of the availability of SIP on its premises. If SIP is determined to be an item such as a discounted gift card these Terms and Conditions shall constitute a Gift Card Agreement in conjunction with our Terms of Use.

4.7 The Service is carried out via the Mobile Application. The app outlines the participating SIP Spots and their general information.

4.8 The app must be presented at each SIP Spot in order to redeem a Drink. The SIP Spot reserves the right to decline redemption of the Service if the SIP Spot believes in their sole discretion that the redemption has already been used that day or the Sipper is already visibly intoxicated.

 

5. The Subscription

5.1 SIP provides a subscription service to its Sippers. Sippers may choose from a $10 per month subscription plan or a $100 per year subscription plan. All plans include all applicable taxes in the jurisdiction the Sipper has registered in.

5.2 The Service and subscription is not redeemable for food, additional Drinks or any other products offered at participating SIP Spots unless otherwise stated by SIP.

5.3 The Service has no cash value after purchase and cannot be redeemed for cash or credit. The subscription is non-refundable from the date payment is incurred. Payments can be cancelled moving forward with notice to SIP via the Website or directly to info@findyoursip.com.

5.4 The subscription is valid indefinitely or until the Sipper gives notice of cancellation. Notice may be tendered at any time. Once SIP has received notification of a Sipper’s desire to cancel their subscription SIP retains the right to complete the cancellation within 10 business days of notice.

 

6. Payment

6.1 SIP does not collect, keep, or maintain any payment information from Sippers.

6.2 SIP processes payments and secures Sippers’ payment information via third party affiliates such as Moonclerk LLC, Stripe Payments Canada, Ltd. and any other service which may be subject to change from time-to-time at SIP’s sole discretion to facilitate the Service.

6.3 A new Sipper will be billed immediately and recurring payments will be monthly or yearly depending on which subscription plan is selected by that Sipper.

6.4 A Sipper may redeem promotional discounts as they apply and are distributed from time-to- time by SIP that will apply as a credit to their Account.

 

7. Partners

7.1 SIP does not endorse or approve any products, content, information or services offered and provided by participating SIP Spots.

7.2 SIP makes no guarantee or endorsement for any Drinks offered by SIP Spots.

7.3 SIP will not be held liable for any SIP Spot that operates outside of the law or fails to honour the Service because they have declared bankruptcy or have sold their business.

7.4 SIP explicitly disclaims any and all liability from all SIP Spots regarding the products and services they provide.

 

8. Liability

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

8.2 Users, Partners or any person who accesses SIP shall use SIP at their own risk.

8.3 SIP is not responsible for any damage or loss, including loss of life, resulting from the use or intended use of SIP.

8.4 You shall fully defend, indemnify and hold harmless SIP 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 SIP and from the use of SIP by any person to whom you give access to your Account, 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 SIP 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 SIP 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 keep your password or Account details secure;

8.5.3 Your failure to provide accurate Account information; or
8.5.4 Any change made by SIP 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 SIP.

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

 

10. Communication

10.1 SIP 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.

10.2 SIP does not collect any personal data about you on this Website or Mobile Application, 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 SIP for the purposes of responding to customer questions and concerns and any other reason as prescribed by law.

 

11. Severability

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.

 

12. Entire Agreement

12.1 These Terms and Conditions and Privacy Policy constitute the entire agreement between you and SIP regarding your use of SIP, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and SIP regarding your use of SIP.

 

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. Currency

14.1 Unless otherwise specified, all dollar amounts in these Terms and Conditions, including the symbol “$”, are expressed in Canadian Dollars.

 

15. Questions or concerns

15.1 If you have any questions or concerns about SIP, the Terms & Conditions or the Privacy Policy please contact us at info@findyoursip.com.