Terms of Service
Last updated: October 31, 2019
I. Agreement to be bound by Contract Terms
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using Tapsterapp LLC’s (formerly known as Frat Tap LLC) (“Tapster”, “We” or “US”) mobile application, Tapster (“the App”), website or other products or services (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you agree to be bound by these Terms. The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the App. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the App, website, other products or Services.
Tapster may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Tapster account.
You acknowledge and agree that (i) this Agreement is concluded between you and Tapster only, and not Apple, and (ii) Tapster, not Apple, is solely responsible for the App, which is sourced through Apple’s App Store. Your use of the App must comply with the App Store Terms of Service. You further agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
By downloading this application, you are voluntarily agreeing to be bound by Tapster’s Terms of Service. If you do not understand any portion of the Terms, you should not use Tapster’s Services. You further confirm that you are 21 years of age or older and you will provide government issued photo identification and a physical credit card used to make the purchase (if requested) upon delivery, to verify your age and identity.
II. ACCESS TO TAPSTER’S SERVICES.
Tapster grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the App, subject to the Terms (“License”). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any Tapster applications related to the Services on a mobile device that you own or control for your personal non-commercial use. Tapster’s grant of the License does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms. Any unauthorized use terminates the License granted by Tapster. All rights not expressly granted herein are reserved by Tapster.
III. PROCESSING AND DELIVERY OF PRODUCTS
Tapster provides a delivery service only, for local liquor stores (the “Retailers”), through which all orders and purchases are processed. Tapster does not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items (“Products”), you are purchasing those items from a licensed retailer, and your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Retailers.
Neither Tapster, nor any officer, director, employee, shareholder or agent of Tapster shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
By completing an order through the App, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages, or you have your secondary contact be available to accept the delivery of alcoholic beverages, whom will also be 21 years of age or older. You agree that you will not be intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older.
All deliveries including alcoholic beverages must be accepted by the account holder, or the secondary receiver who must be designated in the Tapster app upon competing one’s purchase; both who are capable of proving that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.
Retailers, not Tapster, charge a deposit on keg(s) and tap(s). These charges will be outlined in the app when completing the purchase. If you do not comply with the terms of the purchase or as outlined below, your credit card on file may be charged all outlined fees.
If there is any individual who is not 21 years of age or older on the premises of delivery or who cannot provide valid identification showing that he or she is 21 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact the account holder or the secondary receiver at the specified delivery address for 10 or more minutes, all Products will be removed from the order and returned to the Retailers and a $20.00 restocking fee will be charged to User’s credit card and the original order balance will not be returned to User. The App will ask you to designate a return date for your keg(s) and tap(s) to be picked up and returned to the Retailer. If you do not select a return date and the kegs are not returned within the amount of days designated by the Retailer, your credit card on file will be charged 20% of the total cost of the keg/tap and the deposit fee(s). If you do not select a return date and the kegs are not returned within the amount of days designated by the Retailer, the deposit fees are kept by The Retailer. You are allowed two chances to return your keg/tap within the amount of days designated by the Retailer. If you choose a pickup date on the app but the customer cannot be reached or the pickup is otherwise incomplete, then the driver will mark order as “Pickup Failed” and you will be allowed to schedule a pickup one more time within the amount of days designated by the retailer. Tapster will charge a $20 penalty for the first failed pickup attempt. If the customer does not schedule the pickup the second time within the amount of days designated by The Retailer, or the Tapster driver marks the pickup as Failed for the second pickup, the customer will lose their deposit money which is then issued back to The Retailer.
IF THE MAXIMUM AMOUNT OF DAYS FOR RETURN PASSES, and the keg(s) or tap(s) are not returned, your deposit will be withheld and you will be charged for the full cost of the keg(s) and the tap(s) plus a 20% fee of the total. If there is any damage to the keg(s) or the taps(s) your credit card on file may be charged the full amount of the deposit for the keg(s) or the tap(s).
The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Any Retailer reserves the right to not accept any order for any reason.
IV. APP USAGE
Your use of the App and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.
You understand and acknowledge that the App is an electronic platform for the purpose of connecting consumers to chosen Retailers to engage in the sale, service, delivery and/or transportation delivery of Products. All sales of Products are transacted between you and the Partner(s). Tapster does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between Tapster any business or third party as a result of this License or use of the App or Services.
V. ABILITY TO ACCEPT TERMS OF SERVICE AND USER CONDUCT
You affirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree that:
· you are fully able and legally competent to agree to the Terms;
· you will not impair or harm the App or Services or attempt to gain unauthorized access to the App in any way;
· your use of the App and/or Services is subject to all applicable local, state and federal laws and regulations and you will not use the App for any illegal purposes;
· you will not to use the App to purchase alcohol unless you and the alcohol recipient are 21 years old or older and can provide a valid form of government issued identification and physical credit card (if requested), which verifies your age, at the time of delivery;
· Tapster reserves the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use Tapster’s Services to provide alcohol to an individual who is under the age of 21;
· you will not access the App or Services, using the account information of someone other than you; without the express consent of the account holder;
· you will not impersonate or misrepresent your affiliation with any person or entity;
· you will not abuse the Service by creating multiple or duplicate accounts;
· you will not use the App to engage in commercial activities, aside from those sanctioned by Tapster;
· you will not copy or distribute any content from the App;
· you will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, Services, or any of their Content;
· you will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, App, or Services;
· you will not resell the use of the App or Services to a third party;
· you will not Encourage or enable any other individual to do any of the foregoing;
· it is your responsibility to keep your account password and any identifying information, confidential;
· any Partner may decline your delivery request for any reason
Tapster shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or Tapster terminates them as follows: (a) You discontinue using the Services; or (b) Tapster may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
VII. INTELLECTUAL PROPERTY
A. Proprietary Rights
You acknowledge and agree that the App contains proprietary information and content that is intellectual property, which is protected by the law and may not be used except as provided for by Tapster.
You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the App may not be sufficient or appropriate and in that event, Tapster will be entitled to temporary and permanent injunctive relief to prohibit such use.
B. Copyright Infringement Policy
Tapster abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, Tapster will also terminate a User’s account if the user is determined to be a repeat infringer.
If you believe that your Content has been used in such a way that violates or infringes on your copyrighted Content, you may notify us by contacting our designated agent:
c/o Davis, Malm & D’Agostine, P.C.
One Boston Place, 37th Floor
Boston, MA 02108
Attn: Lawrence J. Casey, Esq.
Any fees that Tapster may charge you for the App or Services, are due immediately and are non-refundable. Tapster, at its sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Tapster may change the fees for the Services or the App without notice.
IX. TERMINATION AND MODIFICATIONS
Tapster reserves the right to modify, suspend, or discontinue at any time, without notice, the App and/or Services offered on or through the App (or any part thereof), including but not limited to the App’s features, look and feel, and functional elements and related services.
Furthermore, Tapster reserves the right to modify the Terms at any time. Modifications are effective upon your first access of the App or use of Services after the “Last Updated” date at the beginning of these Terms. Your use of the App and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall the App and discontinue any use of the Services.
The Terms and/or the License are effective until either the date you uninstall the App or you fail to comply with any term of these Terms or the License or Tapster terminates this License, whichever is earliest. Upon termination, you will discontinue all use of the App and Services. Termination does not limit or waive any of Tapster’s rights or remedies at law or in equity.
X. Disclaimers and Limitations of Liability
This section intends to limit the liability of Tapster, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Tapster Entities”). The provision below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
YOU AGREE THAT YOUR USE OF THE SERVICES OFFERED BY TAPSTER SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TAPSTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TAPSTER ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID TAPSTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TAPSTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Tapster Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
Tapster’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be void, invalid, unlawful or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
XIV. HEADINGS AND CONSTRUCTION
The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
XV. Controlling Law and Jurisdiction
The Terms and any action, claims, dispute related to the Terms will be governed by the laws of the State of Massachusetts, including consumer, civil and criminal laws of the Commonwealth of Massachusetts, without regard or application of an conflicts of law provisions of your state or country of residence.
You are agreeing to consent in advance to personal jurisdiction in the Commonwealth of Massachusetts. Tapster is a Massachusetts-registered limited liability corporation with its main headquarters in Massachusetts. Any dispute that may arise in the future between yourself and Tapster will be subject to the laws of Massachusetts, including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download Tapster’s mobile application, website, or any other services.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Massachusetts (excluding choice of law).
EFFECTIVE APRIL 5, 2019
The Website, App and Service are intended for access or use by individuals who are 21 years of age and older. Persons under the age of 21 are not allowed to access or use the Website, App or Service. We do not knowingly collect Personal Information (as defined below) from or about anyone under the age of 21. If you are under the age of 21, you should not attempt to access or use the Website or App or send any Personal Information about yourself to us. If we discover that we have collected Personal Information from or about somebody under the age of 21, we will delete that information as soon as possible. If you believe that somebody under the age of 21 may have provided us Personal Information or that we may have received Personal Information about somebody under the age of 21, please contact us as soon as possible at firstname.lastname@example.org. Please refer to our Terms of Service for additional information about age verification and eligibility.
Information We Collect
Information You Provide. We collect and store information, which may include Personal Information, that you actively submit to us, such as your name, email address, account password, date of birth, billing information, phone number, delivery address and social media IDs.
Information Automatically Collected through the Website.
Information Automatically Collected through the App.
Geolocation Data. If you use the App through your smart phone or other mobile device, we will automatically collect your geo-location information. You may at any time opt-out of providing geo-location data through the settings on your device or the App, but if you do so, some features of our App and Service may be limited.
Device Type. When you use the App through your smart phone or other mobile device, we automatically collect the device type and advertising identifier, a unique identifier generated within the device, and we may store this information.
Tracking Information. Tracking information is automatically collected and stored as you navigate through the App, including but not limited to, page views, referring/exit pages, information about how you interact with the App’s pages and third party links, and traffic and usage trends on the App.
Information Collected from Other Third Parties. We may obtain information about you, including Personal Information, from other third parties claiming a right to share your information with us, including through third-party advertising arrangements.
Information from Public Sources. We collect information that is publicly available. For example, information you submit in a public forum (e.g., a blog, chat room, or social network) may be read, collected or used by us and others. You are responsible for the information you choose to submit in any such forum.
How We Use Your Information
We may use the information that you provide to us, that we collect from your device, and information we obtain from retailers, other third parties and public sources:
to provide the Website, App and Service;
to determine the retailer(s) that may fulfill your order request, where we should offer or focus services, features and/or resources, and how to improve our offerings;
to determine demand for the Service in a particular geographic market and to notify you when the Service becomes available in your geographic location, unless you opt out from receiving such notice;
to analyze our performance and evaluate strategies to support and enhance your access and use of the Website, App and Service, in part by monitoring which features of the Website, App and Service you and other users access or use most, and to attribute the sources of our traffic;
to allow you to rate your purchases and view your purchase history; and to suggest other products that you might like based on your personalized profile;
to recognize your device over time so we can customize the Website and App to your interests and tastes based on your prior activities;
to obtain additional information about you from other third parties claiming a right to share your data with us so we can associate that information with information that we have collected so we may further customize your user experience;
to notify you about new services or special promotional programs, or send you offers or information, and to measure the responsiveness to such communications and to our other advertising efforts;
to enable you to take advantage of interactive features of the Website and App; for example, sharing a product review or participating in a rewards program;
to administer sweepstakes and contests;
to engage with you through social media, including through direct messaging;
to serve you the correct application version depending on your device type;
to diagnose and resolve problems with our Website, App or servers and for other technical and administrative troubleshooting purposes;
to send you service-related announcements relating to the Website, App or Service; for instance, if our Website or App or the Service is temporarily suspended for maintenance, we might send you an email notifying you; generally, you may not opt-out of these communications, which are not promotional in nature; if you do not wish to receive them, you have the option to deactivate your account;
to provide customer service, such as to send you a welcoming email to the address you provide at registration to verify your username and password, communicate with you in response to your inquiries, provide the services you request, and manage your account; and
to investigate and address fraudulent transactions and generally implement fraud prevention measures.
Aggregated Information; Non-Personal Information. We may aggregate your Personal and Non-Personal Information with other users’ information and gather broad demographic data about our users for many purposes, including so that we can improve the Website, App and Service, and for business and administrative purposes.
Our Disclosure of Your Information
We share information collected from or about you only as follows:
Aggregated and Anonymized Data. Tapster may share with or sell to third parties aggregated demographic information and Non-Personal Information about our user base, including information on how users interact with our App, Website, partners and advertisers for industry analysis, demographic profiling and to deliver targeted advertising about other products and services. We will only do so after either removing from such information anything that personally identifies you or combining it with other information so that it no longer personally identifies you.
A “do not track” feature lets you tell websites that you do not want to have your online activities tracked. At this time, we are not configured to respond to browser “do not track” signals. For more information about online advertising, including information on setting preferences for or opting out of third-party advertising networks, please visit Network Advertising Initiative, Digital Advertising Alliance and Google Ad Network. If you choose to opt-out, you may still be served ads, but the ads may not be relevant to your interests. Furthermore, some of the features of the Website and App may not be fully functional for you.
Third-Party Analytics. We use third-party analytics services, such as Google Analytics, to evaluate the performance of various features of our Website and App and also to evaluate the overall performance of our Website and App. We also use such services to understand whether and how specific users or users meeting a certain profile are taking advantage of certain features of our Website and App and/or making use of our Website and App generally. For more information about web analytics, including information on setting preferences for or opting out of certain data collection, please visit Google Analytics. If you choose to opt-out, some of the features of the Website and App may not be fully functional for you.
Third-Party Service Providers. We may employ third party companies and individuals to facilitate our Website, App and Service, to provide the Website, App and Service on our behalf, provide customer support, perform Website- and App-related services (e.g., without limitation, maintenance services, hosting, database management and improvement of the Website's and App’s features) or to assist us in analyzing how our Website, App and Service are used. These third parties are authorized to access and use your Personal Information only to perform these tasks on our behalf.
Law Enforcement. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Tapster or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
Other Important Notices Regarding Our Privacy Practices
Updating Your Personal Information and Preferences; Opting Out. You may update your Personal Information and preferences at any time by making the change on our user information page. If you have received an email invitation to use our Website, App or Service but do not wish to receive marketing or other promotional messages or additional invitations in the future, you may opt out by following the instructions in the email invitation. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to 30 days as we process your request.
Invitations to Tapster. If you choose to invite an individual to use the Service, you will need to provide his or her name and email address. Tapster stores this information to send an invitation to such individual and to track the results of the invitation referral. You may not provide the name or email address of anyone under 21 years of age.
Public Forums. Our Website and App may offer you access to publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used for any purpose by others who access them. We are not responsible for Personal Information or other information you choose to submit in these areas. To request removal of your Personal Information from our blogs or community forums, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Security. All information we collect is securely stores within our database, and we use standard, industry-wide, commercially reasonable security practices. If you provide us with Personal Information, you consent to the transfer and storage of that information on our servers located in the United States.
Contact. Contact us by email at firstname.lastname@example.org, or by postal mail at: Tapsterapp LLC, 1089 Commonwealth Ave, Boston, MA 02115.