TERMS & CONDITIONS FOR THE USE OF THE SPIRIT CART MOBILE APPLICATION
These Terms & Conditions constitute a legal agreement between you and The Spirit Cart Mobile Application. (“TSC app” “The Spirit Cart Mobile App”, “Mobile App” “we,” “our” or “us”) concerning your access to and use of the TSC Mobile Application and other related services (collectively, “the TSC Mobile Application”).
By accessing or using the mobile app or the services provided on or through the mobile app, you agree to follow and be bound by the Terms and Conditions and our Privacy Policy. Therefore, please read these Terms and Conditions carefully before accessing or using our mobile app.
Definitions
In these Terms and conditions, the following terms shall have the following meanings, except where the context otherwise requires:
“Account” means the user account created by Users of the mobile app;
“Application” means the TSC Mobile Application.
“Content” means data or information accessed through the TSC mobile app;
“Intellectual Property Rights” includes (i) copyrights and copyright applications, (ii) trademarks, service marks, trade names, and applications or registrations for any of the foregoing in any country; and (iii) patents, patent applications, continuations, reexaminations, reissues, continuations-in-part, and foreign equivalents of the foregoing, in any country;
“Users” means users of the TSC mobile app;
And
“Services” means the fitting services provided through the TSC Mobile Application.
About TSC Mobile Application
TSC Mobile Application is a platform, which enables liquor Store Owners sell and supply liquor and other products to customers effectively and conveniently. The mobile application shall however not allow the sale of tobacco products, marijuana products, CBD products, lotto or lottery. Through the mobile application, customers of Store Owners will be able to order liquor from the variety of Store Owners that are available on the mobile application.
Accessing TSC Mobile Application
This mobile application will be accessible to both registered and paid up Store Owners who will reserve the right to honour their customers’ requests. The platform may be refined and diversified in future to accommodate other functions in line with the initial purpose. Nevertheless, the Store Owners will have access to sell and supply liquor to their customers.
If you opt to sign up for the TSC Mobile Application, you will be required to create an account by providing your email address, business details to include the variety in liquor and the costing thereof, proof of necessary licenses among other details that we may reasonably require. In addition, you will be prompted to choose a username and password for your Account. It is your responsibility to maintain the confidentiality of your account details and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify us immediately in case you notice any unauthorized use of your account or any other breach of security.
Grant of license
Subject to these Terms and Conditions, the Contract and all other referenced policies, we hereby grant you a non-exclusive, non-transferable, limited license to access, sell and supply and receive payment on the mobile app.
Please note that the license granted to you does not amount to a transfer of title to you, neither does it allow you to modify, reproduce, copy or reproduce the mobile application and its contents for commercial purposes. Requests for permission to reproduce any information contained on the Mobile Application should be sought expressly from the management of TSC Mobile Application.
Price of Liquor
If a Store Owner is operating in a State that has minimum liquor prices set by the State, such Store Owner shall strictly comply with the set prices, failure to which they will be liable to the state. TSC Mobile Application shall not be in any way responsible for the non-compliance of the Store Owner.
TSC Mobile Application shall have set maximum prices particularized as follows;
50ML and 100ML – Maximum 25% margin
200ML and 375ML – Maximum 23% margin
750ML and 1000ML – Maximum 20% margin
1750 ML – Maximum 18% margin
TSC Mobile Application shall not allow prices to be set beyond these specific terms.
Delivery of liquor to Customers
In making deliveries to customers, the Store Owner shall ensure that it is only store employees who make the deliveries to the said customers. Engaging other people except such employees is a breach of the law which may attract penalties, and which TSC Mobile Application shall not bear.
The Store Owner shall at all times ensure that the drivers instructed to make the deliveries have a valid driver’s license from the State of operation, car insurance, and driver’s work insurance. TSC Mobile Application will not take any responsibility if a Store Owner’s driver is arrested and/or incurs liability as a result.
The Store Owner’s driver/employee making a liquor delivery, and who shall be at least 18 years of age, shall ensure that the customer buying the liquor is at least 21 years old. Failure to ascertain the same will be a liability that will solely be borne by the Store Owner.
Restrictions
You agree and understand that while using our TSC Mobile Application, you will not at any time engage in any of the following restricted conduct:
- harass, “stalk” or otherwise cyber-bully any customer obtained through the mobile application;
- promote violent or sexually explicit material;
- violate applicable law, including, without limitation, those related to, or computer use or access;
- engage in acts of fraud;
- attempt to impersonate any other person, including any of our representatives, agents or employees;
- provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
- interfere with the operations of the Mobile Application;
- infringe or violate the rights of any person, including the right to privacy and intellectual property rights;
- distribute any computer viruses, worms, Trojan horses or other elements destructive to the Mobile Application, hardware or software of TSC Mobile Application and other users; or
- defame or transmit any defamatory or illegal, material; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
- Sell alcohol to minors and other persons that the law prohibits;
And
- Acquiesce the sale of alcohol to persons intending to drink and drive.
Prohibited Delivery Locations
The Store Owner shall ensure that they do not under any circumstances deliver or otherwise authorize delivery to any of the following places;
- Public or private schools
- College campuses (e.g. frat houses)
- Prisons, reformatory, veterans’ houses or state capitol grounds
- Another business that sells liquor
- Locker or similar package storage service
Delivery to any of these prohibited places will result in removal from the TSC Mobile Application altogether.
Disciplinary Action
The Store Owner shall address all instances of indiscipline and/or illegality arising from the actions of his/her employees. TSC Mobile Application shall not be in any way responsible for such actions.
Intellectual Property
You acknowledge and agree that the TSC Mobile Application is subject to intellectual property such as copyright, trademark and patent. The Mobile Application, its material and Technology anywhere in the world belong to us and/or our licensors.
Rights in the Mobile Application are licensed (not sold or transferred) to you, and you have no rights in, or to, the TSC Mobile Application or the Technology other than the right to use each of them in accordance with the Terms and CONDITIONS. Nothing in these Terms gives you a right to use the Mobile Application name or any of our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.
Third Party content
It is hereby agreed and understood that TSC Mobile Application is not responsible for the content in any third party sites linked to the Mobile Application.
The Store Owner may acquire personal data from using the TSC Mobile Application. Such Store Owner shall not in any way use or sell this information without express consent from the customer, which consent must be written and signed by both parties.
Maintenance and interruptions
From time to time, we may need to install updates to the Mobile TSC Application or undertake general maintenance of the mobile app, during which the services may be interrupted. We shall endeavor to provide you with prior reasonable notice of any scheduled Mobile Application maintenance.
Privacy
We care about the privacy of our clientele. Any information submitted to us, including personal information, through or in connection with the Mobile Application shall be governed by our Privacy Policy, which sets out, among other things, our data collection, retention, use and disclosure practices.
Indemnity and limitation of liability
Your access to and use of the Mobile Application or any material therein are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Store Owners shall indemnify, defend, and hold harmless TSC Mobile Application and its affiliates, representatives and agents for all claims and liabilities arising out of the use of the mobile app and the Services.
Termination
TSC Mobile Application reserves the right to terminate or restrict your access to the mobile app in the vent that;
(a) you breach these Terms and Conditions or other referenced policies;
(b) we are directed to do so pursuant to an order or instruction of or a recommendation from the Government, court, regulator or other competent authority;
(c) we are unable to verify or authenticate any information you provide to us;
(d) we detect any abuse, misuse, fraud or attempted fraud relating to your use of the Site;
Or
(e) you violate the rights of other users; or we believe that your actions may cause any loss or liability to other Users or to us.
Relationship with us
Nothing contained in these Terms and Conditions will be construed to create the relationship of principal and agent, employer and employee, partners or joint ventures with TSC Mobile Application.
Changes; updates
We reserve the right to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
Your continued use of or access to the TSC Mobile Application following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Dispute resolution
We shall endeavor to settle all and any differences or disputes arising between us and users in an amicable manner. To this end, we shall employ mediation, negotiation, conciliation and arbitration in resolving disputes arising out of the use of the Site.
Governing Law; Jurisdiction
This Agreement shall be governed by the laws of the State of Michigan, without giving effect to any conflict of laws principles that may provide the Site of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the State of Michigan.
Miscellaneous provisions
Third parties
These Terms and Conditions do not give rights to any third parties. You may not assign or attempt to assign your rights and obligations without our express consent.
Headings
The headings in these Terms of Use are included for convenience only and shall not affect the interpretation or construction of the Terms of Use.
Severability
If any provision of these Terms of Use is or becomes invalid, illegal or unenforceable in any respect, it shall be ineffective to the extent of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall remain in effect.
Entire Terms and Conditions
These Terms and Conditions, the contract and any other referenced policies constitute the entire agreement between TSC Mobile Application and you and supersede any previous oral, written or electronic communications or documents with respect to the Site and the Services.
Get in touch
If you have any concerns or questions regarding these Terms and Conditions, please contact us at ……….. (Insert preferred mode of communication).
Effective date of the Terms and Conditions: (Insert date)
Last updated on: (Insert date)
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