TERMS OF WEBSITE USE


Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.


RELIANCE ON INFORMATION POSTED & DISCLAIMER


The materials contained on our site are provided for general information purposes

only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site. And to the fullest extent permitted by the law, we exclude all liability for loss or damages direct or indirect arising from use of this site.


ACCESSING OUR SITE


Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.


INTELLECTUAL PROPERTY RIGHTS


We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print a copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the materials you have printed  or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you believe your intellectual property rights have been infringed by our website content, please contact us by email or writing the address below.


OUR SITE CHANGES REGULARLY


We update our site regularly, and may change the content at any time. It is our right to suspend access to our site, or close it indefinitely.If any of the material on our site is out of date, we are under no obligation to update such material.



INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE



We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.




VIRUSES, HACKING AND OTHER OFFENCES




You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


By breaching this provision, you are committing a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


LINKS FROM OUR SITE



Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from you using  them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.


Additionally:

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1.1 Welcome to the Shared Spirits platform (the 'Site'). We'll refer to our website and mobile application and other services as our "Services", and Shared Spirits will be addressed individually or collectively as "Company", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you will be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.

1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.

1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.

1.4 Our services include an online platform mobile application service that provides a place and opportunity for the purchase of merchant credits or services between the buyer ("Buyer") and then sharing to a recipient ("Recipient"), collectively known as "Users" or "Parties". We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.

1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.

1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

2. Privacy

2.1 We know your personal information is important to you, so it's important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.

2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.

3. Your Account

3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:

3.1.1 You must be 21 or older to use our Service. 

3.1.2 Be honest with us, and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.

3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure.

4. Limited License

4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Shared Spirits, Inc. and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.

5. Your Content

5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.

5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.

5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.

5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you. 

6.2 You are responsible for paying all fees that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.

6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.

6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.

6.5 If you believe a User on our Site is violating these terms, please contact us.

7. Purchase and Payment

7.1 Currently we only support Credit Card payments and Apple Pay. These payments are processed through third-party payment channels may vary depending on the jurisdiction you are in.

7.2 All sales on the platform are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises.

8. Seller Commission

8.1 The seller of any item/service will pay us a commission on the total transaction amount received by the seller (including taxes, if any and shipping costs for any of the transactions made on our Site.

8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.

8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your buyer's location. All payment processing fees will not be included in seller commission that we charge.

9. Merchant’s Responsibilities

9.1 Merchants will properly manage and ensure that relevant information such as the price and the details of represented items, inventory amount and will not post inaccurate or misleading information.

9.2 The pricing of items/services for credit/sales are determined by the Merchant at his/her own discretion. The price of an item and charges will include the any additional charges such as sales tax, value-added tax, tips, etc. Merchants will not charge Buyer such amounts additionally and separately.

9.3 Merchants are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.

9.4 Merchants will issue additional receipts, credit card slips or tax invoices to Buyer on request.

10. Disputes with Other Users

10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

10.3 Whether you are a Buyer or a Merchant of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.

10.4 Disputes as a Buyer

10.4.1 You may raise two types of disputes, one where the 'item is not delivered' and the seller is not responding to any of your attempts to communicate. The second type of dispute is where the 'item is significantly not as described'.

10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.

10.4.3 If you have received a refund/exchange from the merchant, you may not report that transaction.

10.4.4 If the 'item is not delivered' we will ask the merchant to provide proof of delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in your favour.

10.4.5 If the 'item is significantly not as described', and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the merchant as well as any documentation provided. All decisions made by us are final.

10.5 Disputes as a Merchant

10.5.1 As a merchant, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.

11. Disputes with Us

11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

11.1.1 Governing Law. Shared Spirits observes local laws that govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.

11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.

12. Changes to the Terms

12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.

12.2 We may revise the Terms of Service but the most current version will always be at this link.

12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.

12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

13. Prohibited Items/ Services

Shared Spirits is a curated marketplace. For a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.

It is the Merchant’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Merchant's convenience we may provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.

If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action

The following types of items are prohibited:


ii. Drugs and drug paraphernalia

iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.

v. Live animals and insects

vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals

vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.

viii. Human beings, human remains, body parts and items made from human remains, except for hair

ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous

x. Items or listings that promote, support or seek to engage users in illegal activity

xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender or disability. 

xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks

xiii. Counterfeit items

xiv. Unauthorized resale of tickets

xv. Stolen or Illegal goods

xvi. Illegal services not limited to prostitution

xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures

xviii. Used undergarments and intimate items

xix. Recalled items or items that present unreasonable risk of harm

xx. Mislabeled goods

And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.

If you see a listing that violates our policies, please contact us.

14. Contact, feedback and complaints

If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.


PRIVACY POLICY



Our privacy policy is part of, and subject to, these terms and conditions of use.



REVISIONS


We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time and take notice of any changes, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


YOUR CONCERNS


If you have any concerns about any material on our site, please contact us by email or write to

Shared Spirits Marketing

412 English Ivy Drive

Nashville TN 37211