TERMS OF USE SERVICE AGREEMENT

This website (www.salondemezcal.com) is operated by EXPIRITAS LTD (Expiritas).

Registered address: 85 Great Portland St, First Floor, London, W1W 7LT.

THIS TERMS OF USE AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING YOUR USE OF THE SALON DE MEZCAL WEBSITE LOCATED AT www.salondemezcal.com

  1. DEFINITIONS
  2. ACCEPTANCE
  3. AGE RESTRICTIVE ACCESS
  4. LICENSE TO USE THIS WEBSITE
  5. GENERAL CONDITIONS
  6. INTELLECTUAL PROPERTY RIGHTS (IPR)
  7. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
  8. MODIFICATIONS TO THE SERVICE OR PRICING
  9. PRODUCT OR SERVICES
  10. ACCURACY OF BILLING OR ACCOUNT INFORMATION
  11. OPTIONAL TOOLS
  12. THIRD-PARTY LINKS
  13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  14. PERSONAL INFORMATION
  15. ERRORS, INACCURACIES AND OMISSIONS
  16. PROHIBITED USES
  17. DISCLAIMER OR WARRANTIES; LIMITATION OF LIABILITIES
  18. FORCE MAJEURE
  19. INDEMINIFACTION
  20. SEVERABILITY
  21. TERMINATION
  22. CANCELLATIONS AND LATE ARRIVALS
  23. SHIPPING
  24. ENTIRE AGREEMENT
  25. GOVERNING LAW
  26. CHANGES TO TERMS OF SERVICE
  27. CONTACT INFORMATION
 

1.  DEFINITIONS.
The parties to this Agreement shall be defined as follows:
a.  AGREEMENT:  
The Terms & Conditions outlines in this Terms of Use Service Agreement 
b. COMPANY:  The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Products on it available to users.  Expiritas Ltd, Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
c. CLIENT:  You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User or Client.
d.  PARTIES:  Collectively, the parties to this Agreement (the Company and Client) will be referred to as Parties.
e.  WEBSITE:  www.salondemezcal.com
f. SERVICES: Any service(s) provided by or on this Website

The use of this website and services on this website provided by Expiritas Ltd (“Company”) are subject to the following Terms & Conditions (“Agreement.”).  This Agreement shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”).

2. ACCEPTANCE
By using this website and/ or purchasing something from the website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do NOT agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3.  AGE RESTRICTIVE ACCESS

You MUST be 18 (eighteen) years old to access this website.  If you are under the age of 18 (eighteen), you are NOT permitted to access this website for any reason.  By using this Website you agree to the Terms and Conditions and you confirm that you are at least 18 (eighteen) years old. Attendees may be asked for I.D. in line with the Challenge 25 policy upon entry of Salon de Mezcal events. Should attendees be found to be under the age of 18 (eighteen) years old, they will be denied entry and no refund will be provided in this instance.

4.  LICENSE TO USE THIS WEBSITE
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

5.  GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

6. INTELLECTUAL PROPERTY RIGHTS (IPR)

You agree that the Website, all content on the Website (including all designs, texts, graphics, pictures, video, information, and their selection and arrangement), and all Services provided by the Company are the exclusive property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IPR”).
You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
You may not use, replicate, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Company IP without our prior written consent, which may be withheld in our sole discretion.
For so long as you are eligible to use the Website and you act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use.
You must never download or republish any website content or Company IP on any Internet website and you must not incorporate any related information into any other database or compilation; and, any other use of the website content or Company IP is strictly prohibited. Such limited license is subject to all terms of this Agreement.
Any use inconsistent with this Agreement shall result in termination of all licenses granted herein. In addition, the Company will take legal action in connection with any violation of this Agreement. Any use of the Website, Company IP, or any website content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited. Such unauthorised use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations.
This Agreement does not purport to transfer any license to any intellectual property right, whether by grant, estoppel, implication, or otherwise.  At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.

7.  ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

8.  MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9.  PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.  We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

10.  ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.   We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11.  OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

12.  THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13.  USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

14.  PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

15.  ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16.  PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

17.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.  The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Expiritas Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

18.  FORCE MAJEURE
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics and epidemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

19.  INDEMNIFICATION
You agree to indemnify, defend and hold harmless Salon de Mezcal UK and our parent Expiritas Ltd, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable Legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20.  SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

21.  TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

22. CANCELLATION POLICY

22.1 CANCELLATIONS AND REFUNDS
a. ONLINE INTIMATE EXPERIENCES: We do not offer any refunds of Online Tasting Experiences as a Tasting Experience Box is sent out which we do not accept returns for. If you inform us 72 hours prior to the date and time of Tasting Experience that you are unable to attend, we can offer a change of date on the booking dependent on our availability (please refer to section 22.2 for further information).
b. ONLINE GROUP EXPERIENCES (CORPORATE AND PRIVATE): We take upfront payment including a booking and administration fee of 30% of the full fee for all group bookings once your quotation has been agreed. If you cancel within 24 hours of having made your booking and we have not actioned any deliveries to leave our warehouse, we will refund you the full amount minus the administration and booking fee agreed upon booking. If we have actioned the deliveries of the Tasting Experience Boxes, we can only offer a change of date on the booking dependent on our availability (please refer to section 22.2 for further information).
c. INTIMATE TASTING EXPERIENCES: If you inform us up to 7 days hours prior to your Intimate Tasting Experience that you are unable to attend, we can offer you a full refund. This will be returned to your original payment method by Eventbrite. We do not offer any refunds if you contact us with less than 7 days notice of your booking date and time. We offer a free transfer of tickets to a person of your choice should you wish to pass your tickets onto them. We also offer the possibility of rescheduling your booking (please refer to section 22.2 for further information).
d. GROUP TASTING EXPERIENCES (CORPORATE AND PRIVATE): We take upfront payment including a booking and administration fee of 30% of the full fee for all group bookings once your quotation has been agreed. If you inform us up to 7 days prior to the original date of the booking that you would like to cancel, we will refund you the full amount minus the administration and booking fee of 30% agreed upon booking. Should you wish to cancel with less than 7 days notice, we can only offer to reschedule your booking (please refer to section 22.2 for further information).

22.2 RESCHEDULING
a. ONLINE INTIMATE EXPERIENCES: If you wish to reschedule, you must notify us 72 hours prior of your Online Tasting Experience so we can offer a change of date on the booking dependent on our availability. We are only able to reschedule your booking 1 time. We cannot offer a rescheduling of your booking date if you contact us with less than 72 hours notice of your booking date and time.
b. ONLINE GROUP EXPERIENCES (CORPORATE AND PRIVATE): We take upfront payment including a booking and administration fee of 30% of the full fee for all group bookings once your quotation has been agreed. If you inform us with a minimum of 7 days hours prior to your Tasting Experience that you are unable to attend, we can offer a change of date on the booking dependent on our availability for which we charge an admin fee of £25.00. We are only able to reschedule your booking 1 time. We cannot offer a rescheduling of your booking date if you contact us with less than 7 days notice of your booking date and time. As we make special arrangements for group bookings, we cannot guarantee a date close to the original booking.
c. INTIMATE TASTING EXPERIENCES: If you wish to reschedule, you must notify us with a minimum notice of 72 hours from the date of your Intimate Tasting Experience so we can offer a change of date on the booking dependent on our availability. We can only offer 1 rescheduling per booking. We cannot offer a rescheduling of your booking date if you contact us with less than 72 hours notice of your booking date and time.
d. GROUP TASTING EXPERIENCES (CORPORATE AND PRIVATE): If you inform us with a minimum of 7 days of your Tasting Experience that you are unable to attend, we can offer a change of date on the booking dependent on our availability for which we charge an admin fee of £50.00. Unfortunately, once you have missed your initial booking date, we cannot guarantee a date close to the original booking as we make special arrangements for group bookings. We can only offer 1 rescheduling per booking. We cannot offer a rescheduling of your booking date if you contact us within less than 7 days of your booking date and time.

22.3 LATE ARRIVALS AND TIMINGS
a. INDIVIDUAL TASTING EXPERIENCES (ONLINE AND INTIMATE): We will wait for up to 10 minutes from the stated booking time for all guests to arrive before we must just begin the tasting despite no shows or late arrivals. It is beneficial for guests to arrive 10 minutes prior to the booking time stated in the confirmation email so that there is enough time to set up, seat guests and begin the tasting at the allocated time. We cannot offer refunds, nor can we reschedule the booking for late arrivals.
b. GROUP LATE ARRIVALS (CORPORATE AND PRIVATE) (ONLINE AND PRIVATE): We will wait for up to 15 minutes for all guests to arrive from the original booking time before we must just begin the tasting despite no shows or late arrivals. We ask for all guests to arrive 15 minutes prior to the booking time in our confirmation email so that there is enough time to set up, seat guests and begin the tasting at the allocated time. We cannot offer refunds, nor can we reschedule the booking for late arrivals.

22.4 TECHNICAL DIFFICULTIES
Please ensure that your online device and Wi-Fi is functional with plenty of time ahead of the tasting. We do not offer refunds for any problems related to technical issues. You will not need a camera on your own device, but a strong Wi-Fi connection is advised to ensure you get the most out of your tasting experience.

23. SHIPPING
a. SHIPMENT PROCESSING TIMES: All orders are processed within 1 to 2 business days (excluding weekends and holidays) after receiving your order confirmation email. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you with the email or telephone provided.
b. SHIPMENT CONFIRMATION & TRACKING: You will receive another notification when your order has shipped with a tracking link for our shipping provider. Our booking systems allow for 7 (seven) days for the Tasting Experience Box to arrive from the date of booking. We rely on third-party couriers for all our deliveries, therefore we cannot we cannot provide specific delivery information ourselves once the order has left our warehouse.
c. DAMAGES: We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact us at info@salondemezcal.com and we will file a claim with the third-party courier before coming to an agreement.
d. MISSED DELIVERIES: Once the first delivery attempt has been made within the 7-day allocated time frame, we cannot accept liability for late delivery in further delivery attempts. This means that we are unable to offer a refund if you have missed your delivery and cannot attend your Tasting Experience. We can organise to reschedule the date of your experience at a cost (please refer to section 22.2 for further information).
e. MISTYPED PERSONAL DETAILS: We cannot accept liability for mistyped personal details. Please ensure you check all your personal details carefully before confirming your order. If you find that you have typed in the wrong address to be the case, please email us immediately and we will try and stop the delivery process. We cannot guarantee that we will be able to rectify this issue once you have placed your order.

24.  ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or existing agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

25.  GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

26.  CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27.  CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: customerservices@expiritas.com