Drink's on me app on iPhone and Android

Who do you want to buy a drink for today?

Not sure about you, but most of us have friends, family and people we like all over the world. And as much as we would like to, sometimes it's simply not possible to buy a drink for someone let's say in Vancouver... That is until now!

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Venues Terms of Service

Voucher Program.

a. Merchant authorizes Drinks On Me to promote and distribute Vouchers on Merchant's behalf in accordance with this Agreement. The Voucher will evidence the Merchant Offering and be sent to the purchaser electronically once payment is received. The purchaser will then redeem the Voucher from the Merchant by presenting the Voucher using their mobile device.

b. Merchant shall be responsible for all customer service in connection with the Merchant Offering and for supplying all goods and services specified in the Merchant Offering and any customer loyalty programs associated with the Merchant Offering. Drinks On Me reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue promoting any Merchant Offering and Voucher to conform the Merchant Offering and Voucher to Drinks On Me specifications or applicable law.

c. Merchant will honor the Vouchers for their Full Offer Value. EXCEPT WITH RESPECT TO ANY VOUCHERS THAT ARE AUTOMATICALLY REFUNDED, MERCHANT ACKNOWLEDGES THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR PERMITTED BY APPLICABLE LAW, MERCHANT WILL CONTINUE TO HONOR THE VOUCHER FOR THE AMOUNT PAID INDEFINITELY.

d. Merchant agrees that in providing the goods or services that are the subject of the Voucher, it will not impose any extra or additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms set forth on the face of the Voucher, including the Fine Print.

e. Merchant agrees that so long as an appointment is made by a customer for the redemption of a Voucher before the Voucher's Promotional Value Expiration Date, the Voucher will be honored for the Full Offer Value without restriction, even though the services may be provided after the Promotional Value Expiration Date.

Payment

a. Amounts retained by Drinks On Me are compensation to Drinks On Me for marketing, promoting, and advertising the Merchant Offering and distributing the Vouchers on behalf of Merchant. Merchant agrees and acknowledges that if Merchant is either unwilling or unable to perform its obligations under this Agreement, Drinks On Me may cease to do business with the Merchant.

b. Data Services. Subject to applicable Laws and in accordance with Drinks On Me's policies and procedures, if Drinks On Me provides Merchant with access to customer's personal identifiable information and financial transaction data ("Customer Data"), it shall be provided solely to the extent necessary for Merchant to redeem or verify the validity of a Rewards offer. Merchant may not use any such Customer Data for any purpose other than redemption, nor shall Merchant combine such Customer Data with any other data Merchant or any third party Merchants maintain. Merchant shall, and shall ensure that any third party Merchants, protect the security of Customer Data and comply with all Laws (and Drinks On Me's policies and procedures) relating to the processing of such Customer Data. If Merchant becomes aware of or suspects any unauthorized access to or use of Customer Data or any Confidential Information of Drinks On Me, Merchant shall immediately notify Drinks On Me, and shall cooperate with Drinks On Me in the investigation of such breach and the mitigation of any damages. Merchant shall bear all associated costs and expenses incurred by Drinks On Me to comply with applicable Laws (including without limitation any data breach Laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in Merchant's reasonable possession or control. Upon termination or expiration of this Agreement, Merchant shall, as directed by Groupon, destroy or return to Drinks On Me all the Customer Data in Merchant's or any third party Merchant's possession.

Term and Termination.

This Agreement shall continue in effect through the last date when a customer redeems a Voucher offered by Merchant through Drinks On Me (the "Term"). Either Party may terminate this Agreement at any time for any reason by giving the other Party written notice of such termination. The expiration of the Term shall not in any way affect the purchaser's usage of the Voucher, or Merchant's obligation for redemption of the Voucher. The remaining sections of this Agreement and any claims for payments due Drinks On me shall survive any expiration or termination of this Agreement.

Exclusivity.

Upon execution of the Agreement, Merchant agrees that Merchant will not promote an online offer substantially similar to the Merchant Offering described in this Agreement of similar or greater value for six (6) months following the Effective Date. Breach of the preceding sentence shall be deemed a material breach of this Agreement.

Compliance with Gift Card, Gift Certificate and Abandoned Property Laws.

Merchant further agrees to comply with the Voucher terms and conditions as set forth on the Website and to ensure that the Vouchers comply with any and all laws that govern vouchers including but not limited to the United States Credit Card Act of 2009 (if applicable) and any laws governing the imposition of expiration dates, service charges or dormancy fees and all Fine Print related to the Merchant Offering on the face of the Voucher. To the extent required by applicable escheat or abandoned or unclaimed property laws, Merchant shall be solely responsible for and agrees to report and pay over to the applicable local, state, provincial, territorial or federal governmental agency any unredeemed cash value of any Voucher issued under this Agreement. Merchant is responsible for keeping track of the cash Amount Paid by the purchaser for the Voucher and any unredeemed balance of that cash amount to ensure compliance with this Section. Upon request and at its sole option, Drinks On Me may provide redemption data to Merchant if available to Drinks On Me, but such data will only include information reasonably necessary for Merchant to comply with its escheat obligations and subject to the confidentiality terms in this Agreement.

Representations and Warranties.

Merchant represents and warrants throughout the Term that: (a) Merchant has the right, power and authority to enter into this Agreement; (b) Merchant, if required by applicable law, is registered for sales and use tax collection purposes in all jurisdictions in which Merchant's goods and services will be provided; (c) the Voucher, upon being delivered by Drinks On Me, shall be available immediately for redemption; (d) the terms and conditions of the Voucher, including any discounts or goods and services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law and/or regulation governing the use, sale, and/or distribution of alcohol and any laws governing vouchers, gift cards, coupons, and/or gift certificates; (e) the terms and conditions of any Rewards program do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order; (f) Merchant owns all right, title and interest in the Merchant IP (as defined herein) and has the right to grant licenses in the Merchant IP as stated in this Agreement; (g) the Vouchers and any advertising or promotion of Merchant's goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (h) the Merchant IP does not and will not violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third party; (h) Merchant holds all necessary regulatory documents and authorization documents, if any, required to make any Merchant Offering and provide the goods or services described therein; and (i) Merchant's Business Information and Direct Deposit Details as provided herein, indicating where payments should be forwarded is accurate and is the authorized entity to receive the funds forwarded by Drinks On Me; and (j) Merchant will not resell, broker or otherwise disclose any Customer Data (as defined below) to any third party, in whole or in part, for any purpose whatsoever, and Merchant will not copy or otherwise reproduce any Customer Data other than for the purpose of redeeming or verifying the validity of Vouchers in connection with this Agreement.

Indemnification.

a. To the extent allowed under applicable law, Merchant agrees to defend, indemnify and hold Drinks On Me, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorney's fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Merchant of this Agreement or the representations and warranties made herein; (b) any claim for state sales, use, or similar tax obligations of Merchant arising from the sale and subsequent redemption of a Voucher ("Taxes"); (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Vouchers or unredeemed cash values of Vouchers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest. (d) any claim arising out of a violation of the law and/or regulation governing Merchant's goods and/or services; (e) any claim arising out of Merchant's violation of law and/or regulation governing the use, sale, and/or distribution of alcohol; (f) any claim arising out of or relating to the goods and services provided by Merchant, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; and (g) any claim by a customer for the Amount Paid.

b. Drinks On Me agrees to defend, indemnify and hold Merchant, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorney's fees and costs) arising out of or relating to any of the following (a) any infringement, misappropriation or other violation of any trademark or copyright of any third party by Drinks On Me other than anything related to Drinks On Me's use of materials provided by Merchant or authorized for Drinks On Me's use by Merchant.; or (b) any modifications to Merchant's advertising or promotion of Merchant's products and services made by Drinks On Me found to constitute false, deceptive or unfair advertising or disparagement under any applicable laws.

Confidentiality.

The terms of this Agreement are confidential, and Merchant agrees to not disclose the terms described herein to any party (other than its employees, parent companies, and shareholders on a need-to-know basis or as required by applicable public records and other law, only after each has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). Any breach of this confidentiality provision by Merchant shall be considered a material breach of this Agreement and will result in irreparable and continuing damage to Drinks On Me for which there will be no adequate remedy at law. In the event of such breach, Drinks On Me will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).

Intellectual Property Rights.

a. Merchant agrees and acknowledges that Drinks On Me owns all right, title, and interest in the Drinks On Me Website, Drinks On Me trademarks, and any software, technology or tools used by Drinks On Me to promote, market, sell, generate, or distribute the Vouchers (collectively the " Drinks On Me IP"). Merchant shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Drinks On Me IP or any portion thereof, or use such Drinks On Me IP as a component of or a base for goods or services prepared for commercial sale, sublicense, lease, access or distribution. Merchant shall not prepare any derivative work based on the Drinks On Me IP. Merchant shall not translate, reverse engineer, decompile or disassemble the Drinks On Me IP.

b. Merchant grants to Drinks On Me a non-exclusive worldwide license and right to use, reproduce, display, distribute and transmit the Merchant's name, logo and any trademarks and any photographs, graphics, artwork, text and other content provided or specified by Merchant ("Merchant IP") in connection with the marketing, promotion, sale or distribution of Vouchers, in any and all media, formats or platforms in which such Vouchers are marketed, promoted, transmitted, sold, or distributed, including but not limited to on the Drinks On Me Website.

Customer Data Restrictions.

a. "Customer Data" means any and all identifiable information about purchasers generated or collected by Drinks On Me or Merchant, including, but not limited to, purchasers' name, shipping addresses, email addresses, phone numbers, and purchaser preferences and tendencies.

b. Merchant may use Customer Data for the sole purpose of fulfilling its redemption obligations in connection with the Merchant Offering pursuant to this Agreement. Merchant expressly agrees that any Customer Data that may be provided hereunder is being provided solely to fulfill its redemption obligations (including, but not limited to, the redemption of Vouchers and provision of goods and services to purchasers), and may not be used to enhance a file or list owned by Merchant, or any third party. Merchant represents, warrants and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. Merchant agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling its redemption obligations hereunder (including, but not limited to, redeeming Vouchers and providing goods and services to purchasers). If Merchant engages any third party to facilitate its redemption obligations hereunder, Merchant shall ensure that such third party implements and complies with reasonable security measures in handling any Customer Data. If any Customer Data is collected directly by Merchant or a third party engaged by Merchant to facilitate its redemption obligations hereunder, Merchant shall ensure that it or such third party adopts, posts and processes the Customer Data in conformity with its posted privacy policy.

c. For purposes of this Agreement, the restrictions set forth herein on Merchant's use of Customer Data do not apply to: (a) data from any customer who is already a customer of Merchant prior to the effective date of this Agreement, to the extent such data was previously provided to Merchant by such customer independent of this Agreement or any transaction hereunder; or (b) data supplied by a customer directly to Merchant who becomes a customer of Merchant in connection with such customer explicitly opting in to receive communications from Merchant for the purposes for which such Customer Data will be used by Merchant; provided that Merchant handles and uses such Customer Data in compliance with applicable Laws and Merchant's posted privacy policy.

Limitation of Liability.

EXCEPT FOR MERCHANT'S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. GROUPON'S SOLE AND COMPLETE LIABILITY TO MERCHANT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF THE VOUCHERS SHALL BE LIMITED TO THE AMOUNT OF FEES RETAINED BY GROUPON HEREUNDER. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE MADE BY MERCHANT WITHIN ONE (1) YEAR OF FIRST PUBLICATION OF THE MERCHANT OFFERING, OR THE CLAIM WILL BE DEEMED WAIVED BY MERCHANT.

Other.

a. The Parties are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party's prior written approval, to bind or commit the other Party in any way.

b. This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the Parties in writing.

c. Merchant may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without Drinks On Me's prior written consent. Any waiver must be in writing and signed by an authorized signatory of Drinks On Me. Nothwithstanding the foregoing, Drinks On Me may assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business without notice to Merchant.

d. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

e. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GROUPON DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE VOUCHERS WILL BE ERROR-FREE OR THAT ANY MERCHANT OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR MERCHANT.

f. Any disputes, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be referred to and finally determined by arbitration in Chicago, Illinois before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. Such arbitration shall be held in Chicago, Illinois, in accordance with the Commercial Rules of the American Arbitration Association, with the governing law to be that of the State of Illinois and the laws of the United States applicable therein. The award rendered by the arbitrator shall be final and binding on all Parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction.