Tasting Society Marketplace Terms & Conditions
Indiana On Tap, LLC. (“Indiana On Tap” “we” or “us” or “our”) owns and operates the website, www.indianaontap.com, and the membership program “Indiana On Tap Tasting Society Marketplace” (collectively, “Site” or “Indiana On Tap”). By indicating your acceptance of these Terms & Conditions, you acknowledge that you have read, understood, and agree to all terms and conditions outlined herein.
You acknowledge that you will regularly visit these Terms and Conditions to familiarize yourself with any updates or modifications. The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OR CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY INDIANA ON TAP OR INDIANA ON TAP TASTING SOCIETY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY MEMBERSHIP OR E-GIFT CERTIFICATES, PRODUCT OR OTHER GOODS OR SERVICE OFFERED THROUGH THE SITE.
1. About the Indiana On Tap and Indiana Tasting Society Marketplace
The Indiana On Tap Tasting Society Marketplace is a craft beer membership and rewards program. The marketplace consists of breweries and other industry-related partners (also referred to as “participating merchant(s)”) who have each created their own, unique offers available to marketplace members (also referred to as “member-holders”) via our Indiana On Tap mobile app. Memberships are annual and will be auto-renewed each year on the anniversary date of your original membership purchase (with our integrated mobile app). By purchasing a membership, you agree that your subscription will continue and your credit card will be charged the same retail amount (at the time of your purchase) one year from the date of your purchase and each following year, until cancellation. (The retail amount is the retail price of the membership on the day of your membership purchase, not the price you paid if you received a discount on your membership).
As new partners and offers are added throughout the year, all new offers will be available to you immediately (once added to the mobile app where the Marketplace offers can be found). All previous offers, whether you redeemed them or not, will be available to you again when your membership auto-renews. And, you’ll be renewed at the same, initial retail price each year even if the monetary value of the membership increases. The retail price of your membership will never increase. Your membership subscription can be cancelled any time, penalty free. Simply send an email to email@example.com to request your cancellation. You will be notified within 7 days that your membership has been cancelled and that your credit card will no longer be charged for any future renewals or purchases.
PLEASE NOTE: REFUNDS WILL NOT BE ISSUED AFTER YOUR TASTING SOCIETY MARKETPLACE ANNUAL MEMBERSHIP SUBSCRIPTION HAS BEEN AUTO-RENEWED. If you wish to cancel your annual subscription, you must notify Indiana On Tap BEFORE your renewal date when your renewal is processed and your credit card on file is charged. Indiana On Tap will notify each active member approximately 7 days before their renewal is set to happen (and their credit card is charged) with an email that’s sent to the email address associated with their membership.
All Tasting Society offers are redeemed via the Indiana On Tap mobile app in the form of electronic gift certificates. Each gift certificate has an expiration date that’s clearly visible and may only be redeemed at the participating partner’s merchant location before that expiration date.
2. Ownership of the Site
The Site and its contents are the property of Indiana On Tap, LLC. By using the Site and accepting these Terms and Conditions, you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express written permission of Indiana On Tap, LLC and The Tasting Society, LLC.
3. Use of the Site
To use the Site and the Indiana On Tap mobile app, you agree to the following:
4. Access to the Site
Indiana On Tap retains the right, at our sole discretion, to deny service or use of the Site to anyone at any time and for any reason. You understand and agree that there may be interruptions in service or events, Site access due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
We reserve, in our sole discretion, the right at any time to discontinue or modify any part of these Terms and Conditions. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms and Conditions page. Any changes to these Terms and Conditions will be effective upon our posting of the notice. Please revisit our Terms and Conditions regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms and Conditions page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms and Conditions as modified.
6. Copyright and Trademark
Indiana On Tap exclusively owns all the contents of the Site including any copyrighted materials, trademarks, and other proprietary information. You are prohibited to reproduce, use, modify, publicly display, transmit, publish, or distribute any content from the Site without express permission from Indiana On Tap.
7. Terms of Sale
By purchasing any service or product from the Site or directly from Indiana On Tap’s representative, including, but not limited to, any Gift Certificates, you agree to the following Terms of Sale:
(a) In General
Any product, service, e-gift certificate or otherwise offered on the Site or directly from an Indiana On Tap representative was negotiated and approved for sale or distribution between Indiana On Tap and the participating merchant.
Some of the offered goods and services by the participating merchants require such merchant to obtain necessary authorizations and licensing from federal, state and/or local agencies. Indiana On Tap does not investigate, verify, or validate whether, if at all, participating merchants have obtained such authorizations and/or licenses. You expressly acknowledge that participating merchants may go out of business after you join the Indiana Tasting Society or cancel their participation and offers in the program. Such occurrences are not sufficient for and does not entitle you to a refund of any kind.
Participating merchants are solely responsible for the quality of the goods and services provided. Indiana On Tap is not responsible nor do we guarantee a certain level of quality or care of the participating merchants’ offered products or services. Your dissatisfaction with any merchant’s product is not sufficient for and does not entitle you to a refund of any kind.
Indiana On Tap may, in its sole discretion, verify a user’s identity prior to processing a purchase. Indiana On Tap may also refuse to process a purchase, may cancel a purchase, or may limit quantities or shipment to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms and Conditions.
ONCE ORDERED, UNLESS REQUIRED BY LAW, YOUR PURCHASE OR RENEWAL OF ANY PRODUCT OR SERVICE FROM THE SITE OR DIRECTLY FROM AN INDIANA ON TAP REPRESENTATIVE IS NON-REFUNDABLE.
If a product or service becomes unavailable after you place an order, Indiana On Tap will notify you by email. Indiana On Tap reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Indiana On Tap will attempt to notify you by email.
Indiana On Tap is not at 503(c) organization, and your payment for any products or services is not deductible as a chartable contribution. As always, the advice of a competent legal, tax, accounting or other professional should be sought[SG1] .
You are not an affiliate, agent, employee, volunteer or associate of Indiana On Tap and you shall not represent yourself as such.
(b) Electronic Gift Certificates
After purchasing a membership into the Indiana on Tap Tasting Society Marketplace, each member (or “member-holder”) shall receive personalized, electronic gift certificates available within the Indiana On Tap mobile app that can be used one time each towards the purchase of goods and services offered by the participating merchants. Participating merchants are entirely independent entities and are not affiliates, employees, agents, or representatives of Indiana On Tap. The electronic gift certificates are redeemable for certain goods and/or services offered by the participating merchants identified on the electronic gift certificates. The participating merchant is solely responsible for redeeming the gift certificates. The participating merchants are fully and solely responsible for any and all damages, injuries, illnesses, claims, and liabilities you may suffer, directly or indirectly, from the use or redemption of the gift certificates.
The electronic gift certificates may only be redeemed by the listed member-holder for the indicated value towards the participating merchant’s goods or services identified on the electronic gift certificate. The electronic gift certificates must be used before the expiration date shown.
The electronic gift certificates are not redeemable for cash. The electronic gift certificates may ONLY be used once and must be used in a single visit, in a single transaction. Any unspent amount will be deemed expired. The electronic gift certificates are not valid with any other offers. If the electronic gift certificates are used towards the purchase of alcohol, the member-holder must be at least 21 years of age and must present a valid state-issued proof of identification to the participating merchant.
Unauthorized reproduction, resale, modification or trade of the electronic gift certificates is strictly prohibited and may result in prosecution. Any reproduced, modified, resold or traded electronic gift certificates will not be accepted by the participating merchant.
Member-holder may be required to pay sales tax when redeeming the electronic gift certificates, depending on the value of the offer and per the participating merchant’s discretion.
If a member-holder believes the merchant unjustifiably refuses to honor any gift certificate, all complaints must be submitted to the Indiana On Tap Tasting Society at firstname.lastname@example.org.
You waive and release Indiana On Tap and its members, officers, partners, employees and agents from any and all liability arising from or related to any act or omission of a participating merchant in connection with your use of or redemption of the gift certificates. Indiana On Tap is not a party to any transaction that the participating merchant and you may enter into as a result of you purchasing and redeeming an electronic gift certificate.
To use the electronic gift certificates, member-holder must comply with these Terms and Conditions.
(c) Payment and Shipping
We accept Visa, MasterCard, and American Express. All prices are in US dollars and are subject to change without prior notice. Indiana On Tap is not responsible for any typographical errors. Sales taxes may be included in the price or itemized separately. Shipping costs will be the responsibility of the member-holder and will be included as part of the payment transaction and payment due. Shipping costs are subject to change at any time.
(d) Cancellation Policy
Tasting Society Marketplace memberships may be cancelled, but not refunded. All cancellation requests must be sent and approved by an Indiana On Tap representative. Cancellation requests may be sent to email@example.com. Unless required by law, no return, cancellation or refund is ever guaranteed.
(d) Refund Policy
Once a purchase or renewal of any Indiana On Tap, LLC or Tasting Society, LLC product or service is complete (including a Tasting Society Marketplace membership), there will be no refunds available. All sales and renewals are final. Cancellations for future membership renewals (specifically), are allowed.
8. Disclaimer of Warranty
The Services, content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Indiana On Tap makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Indiana On Tap disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that Indiana On Tap is not responsible or liable for any harm resulting from use of the Site, your communications with the Site, or purchasing or downloading any product, service, or information from the Site.
9. Limitation of Liability
INDIANA ON TAP’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THIS TERMS AND CONDITIONS, WHETHER BASED ON CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE, WARRANTY OR ON OTHER LEGAL OR EQUITABLE PRINCIPLES, SHALL BE LIMITED TO STRICT MONEY DAMAGES AND SHALL NOT EXCEED THE MONETARY AMOUNT PAID FOR THE SERVICE OR PRODUCT PURCHASED FROM THE SITE. ANY SUCH CLAIM MUST BE ASSERTED BY CUSTOMER TO INDIANA ON TAP WITHIN TWELVE (12) MONTHS AFTER THE OCCURRENCE OF THE EVENT ON WHICH SUCH CLAIM IS BASED. NEITHER INDIANA ON TAP NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES OR OWNERS, OFFICERS, DIRECTORS AND AGENTS SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER IN CONTRACT, TORT INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE, WARRANTY OR ON OTHER LEGAL OR EQUITABLE PRINCIPLES, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, RESULTING FROM OR ARISING OUT OF THIS TERMS AND CONDITIONS, THE PURCHASE OF ANY SERVICE OR PRODUCT (THE TERM “PRODUCT SPESIFICALLY INCLUDES ANY GIFT CERTIFICATES”) FROM THE SITE OR DIRECTLY FROM INDIANA ON TAP’S REPRESENTATIVE. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE AGAINST INDIANA ON TAP SHALL BE BROUGHT IN THE COURT OF COMPETENT JURISDICTION IN THE MARION OR HAMILTON COUNTY, STATE OF INDIANA.
10. Automatic Email Subscription
When purchasing a product or service from Indiana On Tap LLC or Tasting Society, LLC where required or asked to include your email address, you are automatically agreeing to subscribe to Indiana On Tap and/or Tasting Society’s email marketing and communication list. The purpose of this email communication is to share any product or service updates, new product or service opportunities, product or service renewals, general news, announcements or updates. You will have the option to unsubscribe from the email marketing and communication list at any time. We will not sell your email and/or any personal details to any 3rd party service. Indiana On Tap and/or Tasting Society, LLC reserves the right to suspend, cancel or deny your email subscription at any time without notice or cause.
11. Websites of Others
The Site may contain links to websites or social media pages maintained by parties other than Indiana On Tap. These links are provided solely as a convenience to you; we do not endorse the contents of such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
12. Indemnification and Release
You agree to defend, indemnify and hold harmless Indiana On Tap, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with your use of this Site or purchase of any product or service from the Site.
13. Force Majeure
Indian On Tap shall be excused from performance under these Terms of Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Indiana On Tap.
14. Electronic Communications
You acknowledge that most communications with Indiana On Tap will be done electronically. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
15. Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana. You shall not assign these Terms and Conditions without the prior written consent of Indiana On Tap.
The terms of these Terms and Conditions are severable. If a clause hereof is declared illegal or unenforceable by a court or body of competent jurisdiction, the remainder of the Terms and Conditions shall not thereby fail or be rendered void, but shall continue in full force and effect, with only the illegal or unenforceable provision rendered null and void and severed from these Terms and Conditions.
Indiana On Tap, LLC. All Rights Reserved.