- Retailer Portal
By registering into PartyLifter account, Retailers (liquor stores, food and beverage providers, rental providers, party suppliers) will have their own private space, in which they will be responsible for any and all of their own activities and transactions. Retailers are also responsible to protect the confidentiality of their usernames and passwords, and report any unauthorized use of their accounts to PartyLifter.
- Retailers’ Required Insurances and Licenses
- The Accessibility of The Services
The android and iOS apps are available for Retailers to access and use various services. Retailers should use the latest version of apps to have access to the latest promos. PartyLifter is not responsible if Retailers do not have the compatible technology, or the latest version of app or software. Any request, persuasion or suggestion to use services other than PartyLifter such as Retailers’ own apps or competitive apps, or any request, persuasion or suggestion to stop using PartyLifter is forbidden for Retailers.
- Retailers’ Responsibilities
PartyLifter will inform Retailers of the delivery request up to 48 hours prior to the date of the event, and the Retailers should confirm that they have all the required alcohols no later than 48 hours prior to the date of the event. The whole process of sale and delivery, such as pricing of inventory, receipt, payment process and refund will be managed and supervised by Retailers. PartyLifter is not responsible for Retailers’ performances regarding sale and delivery.
PartyLifter will get a deposit as soon as Party Owners schedule their events, and they will totally charge Party Owners 48 hours prior to the event. Retailers are liable to contact customers and schedule a delivery time. Retailers are also responsible to enter the time of delivery into PartyLifter system.
It would be the Retailers’ responsibility to act in accordance with the laws of their license. For instance, Retailers must check the age of the person they would like to sell their alcoholic beverages. All purchases will be done through Stripe, as a third party credit card. Retailer must behave unbiased regarding the selection of brands, and must not influence or persuade by a particular provider, manufacturer, trader, dealer or distributor.
- The Quality of Services
The quality of PartyLifter Services depends upon the appropriate information Retailers give our team regarding their sale and delivery. It also depend on Retailers’ attentiveness and commitment. As long as PartyLifter receives accurate information from Retailers, it can offer high quality services to both Retailers and Party Owners. The only responsibility of Retailers is to enter correct and updated information regarding the time, location and availability of deliveries, the area in which they can offer service, their inventory, pricing, and their contact information.
Within this agreement, Retailers approve that Partylifter may, continuously, use this information for its marketing and business goals. PartyLifter will not share Retailers’ information with third parties, unless this information would legally be required for customers’ safety issues. Retailers accept that Partylifter will record and monitor phone calls and written documents between Retailers and PartyLifter to improve services.
- Retailers’ Staffs
The behavior and receptiveness of the Retailers’ staffs will have an essential influence on the performance of the services. Retailers are required to ask their staff - who could be their agents, employees, contractors or subcontractors – to have a respectful behavior.
- PartyLifter’s Intellectual Property
Any content, information, trademarks, Services, and components which offers by PartyLifter are parts of PartyLifter’s Intellectual Property.
PartyLifter Content includes any technology, HTML formatting code, source and object code, programming code and software, data, domain names, keywords, URLs, on-screen layouts, links, pointers keywords, and other navigational elements, product categories and descriptions, editorial copy, text, photos, graphics, images, artwork, videos, audio content, advertisements and promotions, manuals, training documents, insights, reports and analyses, artistic designs, textual materials and articles, and other tangible, visual or audible works of any nature, , and any extensions, updates and modification in the Party Lifter website or app.
PartyLifter Information includes any data, which is collected by PartyLifter from both Retailers and Party Owners to analyze and improve its services.
PartyLifter Trademarks includes any logo, name, dress, etc. which owned or licensed by PartyLifter. Any type of modification or correction which made by PartyLifter is the rest of the PartyLifter property. Retailers will not grant any privilege by suggesting correction or modification on PartyLifter Intellectual Property.
Regarding the range of PartyLifter Intellectual Property use, Retailers may demonstrate PartyLifter Trademark in order to market PartyLifter to legal drinking age consumers. However, Retailers may not publish, sell, distribute, assign, rent, lease, etc. PartyLifter Intellectual Property without PartyLifter permission. The retailer also may not duplicate, localize or translate anything from PartyLifter Intellectual Property. Any type of unauthorized use from PartyLifter Intellectual Property would be an illegal activity, and is unlawful.
Data Release: After a certain period, PartyLifter publish some information, which can be used by Retailers to copy or analyze for their own marketing and business purposes. However, Retailers may not use this information to compete with PartyLifter.
Retailers’ Intellectual Property
Retailers have their own Intellectual Property, which includes Retailer Content and Retailer Trademarks. Retailer Content includes any image, video, or text, which created by them or on their behalf. Retailer Trademark includes any logo, name, service that belongs to Retailers or on their behalf. PartyLifter may use or duplicate Retailers’ Intellectual Property to implement services.
No right or obligation should give to or acquire by either party (PartyLifter or Retailer) during their cooperation with each other. Neither party should do anything to intervene or reduce other party’s right or obligations.
- Marketing Updates and Promos
PartyLifter occasionally updates and promotes its services, based on its marketing strategy. Such promotions will be funded by PartLifter, if the parties –which include both Retailers and Party Owners - do not agree in writing. There is no agreement between parties to market a particular brand of product. Retailers will be able to market any brand of alcoholic beverages. The only point that Retailers must keep in mind is that no Company, dealer, supplier, or distributor should persuade and induce their marketing and promotion.
- Service Payments
Payments are available during the registration agreement. Any increase in payment will be notified to Retailers at least thirty (30) day before written sign. Late payments will be charged by lesser of one and one-half percent (1½%) per month, and by the highest rate permitted by applicable Law.
- Term of Use Effectiveness
- Satisfactory Reasons for the Term of Use Termination
- Termination of Business
PartyLifter may terminate its contract with the retailer upon a written notice to the retailer if the retailer has not working in accordance with the rules and regulations of this Term. In addition, PartyLifter may terminate its business with the Retailers if the Retailers try to make an assignment, arrangement or compromise for the sake of another party rather than PartyLifter. Moreover, Partylifter could terminate its contract if bankruptcy, receivership or similar proceedings affecting its financial condition would influence Retailers, and if such events would not be fixed within sixty (60) days after their initiation.
- The Influence of Termination
- Confidentiality of Data
- There are a number of exceptions for the confidential data based on which their recipient may publish these data.
- The publishers of confidential information accept its disclose in writing for release.
- If a law or an order allows such disclose, and the recipient of data informs the discloser about such an order.
- If the information uses independently without the use of discloser’s confidential information.
- If any party learns about any unauthorized access or release of the confidential information of the other party, it must inform the other party immediately.
- PartyLifter Pledges and Responsibilities
- Retailers Pledges and Responsibilities
Retailers pledge that they have the full right to work in accordance with the defined rights and licenses in these Terms. In addition, Retailers will certify that they will work in accordance with the rules and regulations of their town, city, county and state regarding the sale of alcohol and its required licenses and certifications. Furthermore, Retailers notify that the performance of PartyLifter Intellectual Property will not violate the intellectual properties, right or agreement between Retailers and other parties in the United States.
- Mutual Agreement
No marketing activity is allowed by each party to exclude any products of any manufacturer, supplier, importer, wholesalers, retailer or distributor, or lead into an unjust competition in the market. Both parties must not cause other party to violate any of the rules and regulations.
- Retailers Responsibilities
- Service Contract Renunciation
PartyLifter will not guarantee any services in connection with what Retailers do (Including third party services, materials or software) to the highest extent defined by the applicable law, except those services that has been stated herein intellectual property. Therefore, any kinds of Retailers’ services whether stated, implied, legal or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, and all warranties implied from any course of dealing or usage of trade are without warranty.
In addition, PartyLifter will not guarantee any results for Retailers. For instance; however PartyLifter may introduce Retailers to a third party transportation services, it (PartyLifter) will not guarantee the legality, reliability, quality, suitability, availability or the ability of those third party service providers. Since some authorities do not allow the omission of all warranties, some or all of the might apply. Moreover, PartyLifter will not guarantee any profit for using a particular service.
The sole use of analyses and contents are informational purposes. Since these analyses are based on materials and Retailers, PartyLifter will not guarantee the accuracy and any reliance on this information.
- Limited Responsibilities
PartyLifter must not approve responsibility more than what has been paid or payable by Retailers in six (6) months in no event to the highest extent allowed by applicable law. In addition, PartyLifter is not responsible for any particular, unintended, punitive, typical, accidental, substantial or typical damages, loss of use, data or profits; or any other damages or losses of any type or kind arising out of; or in any way connected with these terms; or any services or intellectual property provided by PartyLifter (including any third party materials, software or services).
Moreover, PartyLifter is not responsible for any other claim, request or damages resulting from or arising out of the sale, purchase, delivery or consumption of alcoholic beverages, which include damages arise while transaction between Retailers and Party Owners, or damages while advertising products or services. Even if PartyLifter previously advised or cautioned regarding the probable damages, it does not have any responsibility regarding such losses and damages. PartyLifter will not intervene in any type of dispute, negotiation, or transaction between Retailers and consumers.
- Prevailing Laws to Resolve Conflicts
- Rightful Relief
Since parties are independent contractors, there is no partnership, employment, franchise, joint venture or agency between them. Neither party has the authority to prohibit other party, nor impose a duty to other party without the prior written agreement.
- Renunciation; Aggregate Solution
If any party fails to perform in accordance with its rights does not mean the renunciation of that party from that right. As it has been stated before, any additional kind of solution are in addition to, and not exclusive of, any other solutions of a Party at law or in equity.
- Discussed Document
- Titles, Sections, Captions
This agreement is in addition to our Terms of Service agreement Terms of Service , which you must read, understand, and agree to as well prior to your use of our Services as a Retailer.
Last updated 05/11/2019