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Retailers Terms of Use

We appreciate your interest in working with PartyLifter. By approving these Terms of Use, you agree to act upon the stated terms in this agreement. You can also approve these Terms of Use as an employee or an agent on behalf of your company. However, please keep in mind that such approval means that your employer, as a retailer principal, gives you the privilege to act on their behalf.

  1. 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.

  1. Retailers’ Required Insurances and Licenses

According to this Terms of Use, PartyLifter asks Retailers who sell alcohol to provide a copy of their alcoholic beverage licenses. Both a liquor and a general liability insurance with the minimum coverage of $1,000,000 for each incident and $2,000,000 for total incidents must be provided by Retailers. Retailers must be able to provide their certificates of insurances upon PartyLifter’s inquiry. Retailers’ policies must cover those claims, which occur during the term, but have been submitted after the ending or expiry of the term. Any changes to the Retailers’ licenses and policies must be reported to PartyLifter at least 30 days before it happens.

  1. The Accessibility of The Services

Throughout Terms of Use accessibility tools, Retailers selling alcohol might revise, approve, reject and observe their transactions with legal drinking age customers. In addition, a number of informational reports such as market analysis and industry trends are available on Retailer’s own interests at the PartyLifter.

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.

  1. 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.

  1. 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.

  1. 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.  

  1. 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.

  1. 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.

  1. 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.

  1. Term of Use Effectiveness

This Term of Use will be applicable from the registration date. Since Retailers will sign this term, they certify that they will work according to these Terms of Use. These Terms of Use could be terminated upon at east ninety (90) days written notice to PartyLifter during the first twelve (12) months of agreement. It also could be terminated during the renewal Term upon at least sixty (60) days written notice to PartyLifter.

  1. Satisfactory Reasons for the Term of Use Termination

If Retailers does not behave according to these Terms, and fails to compensate their shortcomings within thirty (30) days they will receive a written notice from PartyLifter. PartyLifter may terminate its contract based on that written notice. If retailer, a professional consultant or a court with a qualified authority recognizes that the performance of services are against any applicable law, these Terms of Use and the relationship may be terminated. Only PartyLifter may decide to suspend services while retailer is trying to fix its errors or trying to fix the service, which is not according to the applicable law.

  1. 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.

  1. The Influence of Termination

All rights and licenses granted to a retailer’s Intellectual Property or PartyLifter’s Intellectual Property will be expired and terminated on the effective date. Each party should remove the other party’s Intellectual Property by the same date, except those, which set forth in this Terms of Use. Retailers’ final payments to PartyLifter must be done by the sixty (60) days of termination, in order for Partylifter to be able to perform any chargeback or return on sales made by Retailers to customers.

  1. Confidentiality of Data

- Private or confidential data refers to any information that offers from one party to another party before or during the date of these Terms of Use. Any data which shared by one party, whether it states orally, it texts, or writes in digital, electronic or any other form, must be kept confidential by other party, unless it is exempted from being private. Confidential data could be any business or marketing plan and strategy, technical information, software and application information, sales data, customers’ and vendors’ data, network information, or any other concepts, designs or specifications. Confidential data also includes any other notes, which prepared based on confidential data.

- There are a number of exceptions for the confidential data based on which their recipient may publish these data.

  1. Information addressees may disclose it if it becomes public without the violation of any of the stated these Terms of Use.
  2. A third party might disclose information, if they receive these data without violating any of the stated these Terms of Use.
  3. The publishers of confidential information accept its disclose in writing for release.
  4. If a law or an order allows such disclose, and the recipient of data informs the discloser about such an order.
  5. If the information uses independently without the use of discloser’s confidential information.

- Except cases permitted by or granted to in these Terms of Use, the release of confidential information between PartyLifter and other parties without the prior notice to the other party is prohibited. Any oral or written disclosure of confidential information must perform with the prior consent of the other party. However each party may disclose this information with their officers, employees, contractors, directors, and legal counsel of Recipient; they must obey these Terms of Service in order not to share these data with the third parties. While, neither party is allowed to share this confidential information with a third party, except the authorized ones in this term, without the consent of the other party, PartyLifter is able to share its Terms of Use. Each party might share its own Confidential Data without the prior consent of the other party.

- Any cancellation or termination of these Terms of Use would enforces upon the request of one of the parties on not working with the other party. Upon the cancellation or termination request, all confidential data - which includes but not limited to disks, tapes, electronic storage media, and any backup of such media - must delete, and the requesting party must deliver the certification of such destruction to the requested party.

- 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.

  1. PartyLifter Pledges and Responsibilities

PartyLifter pledges that it has enough skill and authority to perform according to these Terms of Use. In addition, PartyLifter will not share Retailers’ information with any third party or consumer, which violates these Terms of Use. Furthermore, Partylifter will not influence or persuade by any manufacturer, importer, supplier, wholesaler or distributor in its advertising or marketing activities.  Finally, Retailers will have an absolute authority upon their brand selection and quantity of sold, offered for sale or purchased products they deliver to Party Owners.

  1. 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.

  1. 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.

  1. Retailers Responsibilities

Retailers are responsible to defend PartyLifter at their own expense against any claim by a third party, which violates these terms of Uses. Retailers are expected to pay any damages, which awarded by court or agreed to by Retailers, Retailers are also responsible to pay lawyers’ fees for those claims. If PartyLifter notifies Retailers about such claims earlier, Retailers would be the sole entity to control and settle that claim (Since Retailers may not agree on any settlement imposed on PartyLifter without prior consent, and those settlements not to be delayed, conditioned or suspended), and they all fully on Retailers’ cost, and by their assistance.

  1. 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.

  1. 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.

Each party of the contract approve the prior restrictions are essential parts of the agreement between parties, and the Terms of Use will be considerably different without any of the stated restrictions.

  1. Deferments

Since the timely execution of tasks and duties is the basis of these Terms of Use, any delay by each party is acceptable to the extent it does not prevent other party’s performance. If an external event that is beyond control of a party, such as civil, military, or natural disaster causes failure in the performance of one party, prevent one party from executing its duty, their excuse will be acceptable. If the problem persists for twenty (20) sequential days, each party may terminate these Terms and contract, and the Retailer must pay its dues to PartyLifter.

  1. Tasks

The prior written consent of PartyLifter is necessary for Retailers to transfer any of their task or responsibilities. PartyLifter could transfer all or part of its tasks or responsibilities to another business as merger, reorganization, consolidation or sale all or part of its resources or business related parts to this Terms of Use. Any task or delegation, which is against this section (Section XXII), will be canceled automatically. As it is stated before, these Terms of Use attempt to strengthen the profits of both parties, their successors and their tasks.

  1. Prevailing Laws to Resolve Conflicts

Any conflict and dispute should be taken to and ruled by the Laws of the Commonwealth of California. Both parties absolutely agree with any legal result, which raised based on these Terms of Use, except those who wish to use injunctive relief form the state or federal court of California. Both parties agree to submit their jurisdiction in order to validate their claims and do not claim any complaint as an inappropriate forum.

  1. Rightful Relief

Both parties agree that any violation from the confidentiality of these Terms of Use, or any infringement to other party’s intellectual property may lead into damage to the other party. Therefore, the other party would have the right to act legally by seeking injunction or doing rightful relief in a court of law following the occurrence of such events.

  1. Severability

The invalidity, illegality, or unenforceability of any of these Terms of Use, as it held by a court of qualified jurisdictions, will not affects any other provision (or the rest of the provision) or the performance of that provision for other persons or conditions. Both parties must try to have a concise performance, as it is allowed by applicable law.

  1. Notifications

Any notice and notification will be sent through the Email the Retailers used in their registration forms with these Terms of Use. Each Email designated by an automatic “read receipt” for the sender to acknowledge the sender that the recipient has received the Email. On the other hand, notices could be delivered by registered U.S. mail, with the return receipt request, to the addresses listed in these Terms of Use. Such notifications should be sent and received by the (7th) day of the date of the first mail.

  1. Correlation

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.

  1. 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.

  1. Discussed Document

Both parties agree that any rule of law or principle of construction, which can be used against the drafter due to its inconsistency, or ambiguity does not apply to these Terms of Use.

  1. Titles, Sections, Captions

All titles, sections or caption headings of these terms are used only for the ease of reference. Therefore, it should not be deemed part of these Terms of Use or affect the interpretation or construction of any provisions of these Terms of Use. The terms “including” or “includes” should be interpreted as “including without limitation” or “include without limitation”.

 

 



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