Tippsy Terms & Conditions
Last updated July 2023
The following terms and conditions (“Terms”) constitute a binding agreement between you and Tippsy, Inc., its affiliates, and its and their parent and subsidiary companies (collectively, “Tippsy,” “we,” or “us”) with respect to your use of this website and any other Tippsy-owned websites, micro-sites, and social media pages and accounts (collectively, “Tippsy Sites”), all Tippsy-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Tippsy Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Tippsy Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Tippsy Services, specific areas of certain Tippsy Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Tippsy Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Tippsy Sites or Applications, they will be controlled with respect to those particular areas. Tippsy reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Tippsy Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language on Tippsy Sites, Applications or any other website in regards to Tippsy, or while contacting any of our Member Services team, will not be tolerated.
The Sale of Alcoholic Beverages
By using this site you swear and affirm that you are over the age of 21. Tippsysake.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. You must be 21 years of age or older to purchase from Tippsy Sites. The purchase of alcohol by persons under the age of 21 is strictly prohibited by law. By placing an order on Tippsy Sites, you are expressly warranting that you are at least 21 years of age, and that the person who will receive the order is also at least 21 years of age. A valid government-issued ID will be required upon delivery. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Tippsysake.com will prosecute you fully to the extent allowable by law.
Any items purchased from Tippsy Sites will be delivered with an “Adult Signature Required” designation, and the third party carrier that delivers the items must verify identification upon delivery. Please note you, or someone at least 21 years or older, must be present at the time of delivery. Please consider arranging for delivery to a business location to avoid undue delay.
Tippsy repackages products in order to facilitate shipping. As a result, products original packaging may not be included in your Tippsy order.
Tippsy Membership
You may become a Tippsy member by providing the requested registration information and submitting it to Tippsy through the Tippsy Sites or Applications. (1) By becoming a member and placing an order, you agree to receive a shipment of at least three bottles of sake from Tippsy on the order cadence you enroll in upon entering your membership (“Membership Purchase”). You may select three (3) or six (6) bottle orders on one (1), two (2) or three (3) month intervals. Taxes may apply based on the shipping address. Bottles range from $35 to $150 per bottle. An additional shipping charge may apply based on the size of your order. (2) By becoming a member and providing your membership and credit card information, you authorize Tippsy to charge your credit card (including shipping and any applicable tax) for each monthly Tippsy Membership shipment. (3) Please notify us at least 3 business days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership. Requests not made at least 3 business days prior may not be addressed before your next subscription shipment is processed.
The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when the order is submitted and you hereby authorize Tippsy to charge such amount to your payment card at that time.
Your membership shall automatically renew on the same order cadence in which you originally enrolled unless you provide written notice of cancellation five (5) business days prior to your final shipment processing date.
Membership Purchases are non-refundable and not cancellable.
Membership Termination. You may cancel your Tippsy Membership at any time by e-mailing Member Services at order@tippsysake.com. Tippsy may terminate your membership and refuse any and all current or future use of your Tippsy Membership or Tippsy Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Tippsy determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Tippsy determines, in its sole discretion, that you are using your Tippsy Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Tippsy deems appropriate in its sole discretion.
If you register to become a Tippsy member, you agree to complete the initial registration process according to the requirements stated on the applicable Tippsy Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Tippsy Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Tippsy that your use of a payment card in connection with any purchase you make on or through Tippsy Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Tippsy if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
Returns and Cancellations:
(1) If you received defective merchandise (non-consumable items), the product can be exchanged or refunded within 7 days of the order reflecting a DELIVERED status. Please note that the return may be done at the expense of the customer. Orders refused, canceled, or otherwise requested as a return after the order is sent to a third-party carrier for delivery will incur a restocking fee of $20 USD. Fees assessed for payment to the third-party carrier are non-refundable. While we work with our wholesale partners to ensure you are purchasing sake that is of the finest quality, sake purchased that is older than 1 year cannot be guaranteed in any way.
Privacy Policy:
Your use of the Tippsy Sites, Applications and Services is subject to our Privacy Notice located at tippsysake.com/privacy-policy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Tippsy.
Security Policy:
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Title of Ownership:
For all items purchased from Tippsy Sites, title is passed to the purchaser in the state of California. By placing an order with Tippsy Sites, you expressly agree to assume title to the merchandise in the state of California, immediately upon tendering full payment. All items must be paid for in full prior to arrangements for delivery. Tippsy’s performance obligation under the purchase agreement for the sale of sake is complete upon tender of the merchandise to a third-party carrier for transportation and delivery.
Shipping Regulations:
Within the United States, many states have laws regulating the shipment of alcohol into their jurisdiction and may limit the amount of alcohol that can enter the state without permits or licenses. By placing an order with Tippsy, you are expressly representing and warranting that you have reviewed any pertinent local and state laws before purchasing alcohol on this website and that your purchase complies with all applicable local, state, and federal laws and regulations. Tippsy makes no representation to the legality of shipping to any state outside of California and does not assume any responsibility for obtaining any necessary licenses or permits. If you have questions regarding any applicable permits held by Tippsy, please contact us.
Tippsy does not, itself, provide shipping services. If you wish to have your purchase shipped, Tippsy will contact a third-party common carrier to ship on your behalf. Unfortunately, common carriers will not deliver alcohol to all states. We apologize for any inconvenience this may cause.
By arranging for transportation of alcoholic beverages by a third-party carrier, Tippsy is providing a service to, and acting on behalf of, you, as the purchaser and title holder of the products purchased. By asking Tippsy to arrange for transportation and delivery on your behalf, you expressly represent and warrant that you are acting in compliance with applicable local, state, and federal laws regarding the purchase, transportation, and delivery of alcoholic beverages. You further represent and warrant that you have obtained any required permission, paid any required fees, are working through properly licensed intermediates where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take the quantities ordered, will comply with any applicable tax laws, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age.
All shipping costs, including insurance, assessed by the third-party carrier are to be paid by you, the purchaser. An insurance fee may be placed on transportation arrangements for rare or expensive items. Tippsy provides transportation coordination as a complimentary service and does not profit from any delivery arrangements we make for you. Tippsy makes no warranties or guarantees regarding the transportation or delivery by the third-party common carrier.
If one or more items are not available for shipment, we will notify you to offer substitutions or make other arrangements.
(1) We are unable to ship to P.O. mailboxes or to the following states: Alaska, Alabama, Arkansas, Mississippi, Utah, Vermont and South Dakota. Void where prohibited, only available in the U.S.
Weather Conditions:
Tippsy suggests that you refrain from requesting shipment during extremely hot or cold weather. Tippsy does not guarantee that third party carriers have temperature-controlled warehouses. If you must request shipping during extreme weather conditions, we encourage you to place your order at the beginning of the week using a speedier service than ground to avoid weekend layovers in a carrier's warehouse. Tippsy reserves the right to delay releasing your merchandise to the third-party carrier for shipment in order to ensure that the product you receive is of the highest quality possible.
Estimated Shipping Times:
Estimated shipping times do not include weekends or holidays. Most orders leave our store within 1-4 business days. Tippsy does not guarantee any estimated shipping time. For more precise information, please contact the third-party carrier who is contracted to deliver your merchandise. Processing time is not included in these delivery times.
Overnight, 2nd Day, and 3-Day Air services are available at an additional cost, as assessed by the third-party carrier. If special delivery dates or immediate shipment is required, please contact us.
Most orders are delivered within 14 business days of purchase, depending on the destination.
Tippsy Product Review Guidelines:
We invite customer participation and product feedback through our review program. We appreciate your engagement but must limit the scope of the reviews to your personal evaluation of the selected sake. Tippsy reserves the right to remove any reviews that contain obscene, profane or spiteful comments. As well, reviews should remain on the topic of the product itself, not your experience with the service or comments about our listings. Reviews not following these guidelines will be removed. Please use our contact form to provide feedback about any other aspect of your experience with Tippsy.
Tippsy Brewery Tours
Travel Agreement and Applicability of the Terms
Tippsy Brewery Tours is operated by Mypal, Inc., registered travel agency No. 76, approved by Kanagawa prefecture. These Terms, together with the terms of our suppliers, shall apply to all offers and agreements with respect to the package travels provided by Tippsy to you (“you” or “Traveler”). Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. Once the rip offer is accepted by you, a package travel agreement (the “Travel Agreement” and the agreed trip, the “Trip”) is effective between Tippsy and you (including other travelers that participate in the Trip). Upon acceptance of the Trip offer, the Trip qualifies as a “definitive booking” and cannot be revoked by the traveler. If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader's failure to share these Terms with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. Trip offers are without engagement and can be withdrawn by Tippsy before acceptance or after acceptance.
Upon or immediately after conclusion of the Travel Agreement, you will receive a confirmation and an invoice for the deposit. Upon confirmation, you are required to check all details and notify us of any incorrect or incomplete data. If you haven't notified us within reasonable time, the costs involved in changing it may be charged to you.
Manifest errors or mistakes in the Trip offer or Travel Agreement, including price, shall not be binding on Tippsy. Such errors and mistakes are errors and mistakes that are or should be apparent as such at first sight from the point of view of an average traveler.
In case of any inconsistencies between the Trip offer and these Terms, these Terms shall prevail.
Trip Information
Tippsy shall provide you with the standard information required by law and the essential elements of the Trip prior to the conclusion of the Travel Agreement. Tippsy shall not be liable for general information in photos, leaflets, advertisements, websites and other information carriers, if these have been provided by third parties. In case flights are part of the Trip, Tippsy will inform you on the airline providing such services. The final departure and arrival times for transport components shall be stated in the travel documents. Your contract for flights is at all times with the airline providing such service and subject to its terms and conditions.
All accommodations are based on double occupancy. Single occupancy accommodations may be secured upon request for an additional fee.
Although we provide you with general information on the destination, you remain responsible for obtaining additional information on passports, visa requirements, inoculations and vaccinations, etc. from the relevant (local) authorities (at the time of the booking as well as departure).
Travel to certain destinations may involve greater risk than others. Tippsy urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests, vaccinations, and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Tippsy will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up to date requirements, US citizens should visit https://www.travel.state.gov. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: https://www.tsa.gov/traveler-information/acceptable-ids. Tippsy strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your Trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov. You are also required to ensure you meet all COVID requirements of all of the Suppliers of your Trip. Failure to meet such requirements will not be cause for a refund.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours. Tippsy bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Traveler’s (Information) Obligations
As part of the booking process, you shall provide all information regarding yourself and the other travelers for which you book a Trip (and to whom these Terms shall apply) that are or could be of relevance in the performance of the Travel Agreement. As part of such information, you shall indicate any details regarding your physical and mental condition and regarding the capacity or composition of the group of travelers you have booked a Trip for.
If you fail to comply with your obligations to provide information, it may result in Tippsy or someone on our behalf excluding the relevant traveler(s) from (further) participation in the Trip. In such case, all associated costs shall be charged to you.
You shall check the exact time of departure for the return journey no later than 24 hours before the stated time of departure. Tippsy will not accept any responsibility for mistakes or errors in reservations, travel accommodations or bookings made by you or independent third parties.
You are entitled to request changes of the Trip for medical or other reasons. Tippsy shall use its best endeavors to facilitate such requests but is in no way obliged to do so. Any reasonable costs related to such changes shall be communicated upfront and shall be charged to you.
You shall obtain sufficient travel insurance for the Trip and shall, provide us with proof thereof, if requested. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable Trip deposits and payments that result from cancellation or Trip interruption (due to a covered reason such as injury or illness before or during the Trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase. We also strongly recommend additional cancel for any reason coverage where available.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
You shall be required to comply with all instructions issued by or on behalf of Tippsy and you shall be liable for damage or loss caused by your actions. This is to be assessed according to the standard of the conduct of a well-behaved traveler.
If you (may) cause hindrance or nuisance to such an extent that proper performance of (part of) the Travel Agreement is or could be impeded, Tippsy may exclude you from the Trip, if it cannot reasonably expect from us to comply with the Travel Agreement. The costs arising from this shall be borne by you.
You shall avoid or mitigate any loss on your part as much as possible.
Tippsy reserves the right to take photographs and videos of travelers during the Trip for use for promotional purposes.
Changes or Cancellation by Tippsy
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Tippsy and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. A detailed itinerary, check list and contact information will be provided prior to departure. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing Tours may be altered. Tippsy cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
Payment
Before concluding the Travel Agreement, you will receive information from Tippsy as to when the Trip price must have been paid (in full), in how many installments, whether a deposit is required and when such deposit/installments must be paid. All payments must be made using a valid credit card. If you have not fulfilled your financial obligations at the time specified by us, you will be in default by operation of law. Unless a payment term has been specified for a certain payment, the payment term is 30 days. If your Trip reservation is made within 60 days of your departure date, the entire cost of the Trip must be paid at the time of confirmation.
All reservations are subject to an Administrative Fee ranging between one hundred fifty and four hundred dollars ($150.00 - $400.00 USD) per person depending on which tour you will join (“Administrative Fee”). Please refer to the tour page details below for more information:
The Administrative Fee is non-refundable. In the event of the Trip is cancelled by Tippsy due to the minimum participants for the Trip not being met, deposits will be refunded in full.
If you are in default, a payment demand will be sent by or on behalf of Tippsy, in which a period of 14 days will be given to fulfill your payment obligations. If you have not paid upon expiry of such period, the Travel Agreement shall be deemed to have been terminated (by you). Tippsy will deduct the Administration Fee from the amounts already paid.
By entering the Travel Agreement, you warrant that you are in possession of a valid credit card and authorize Tippy to charge your card for the cost of the Trip. Further, you acknowledge and accept the Travel Agreement and these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Tippsy retains the right to dispute any chargeback that is improper and recover any costs, including attorney's fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Termination by Traveler
You may terminate the Travel Agreement for a full refund of your trip price sixty (60) days before the start of the Trip. No refunds will be provided for trips cancelled less than sixty (60) days before the start of the Trip. All cancellations will be still be subject to all Administrative Fees.
If the Trip is composed of different elements to which different supplier termination provisions apply, the specific provisions of the service provider of such element shall apply. At the time of booking at the latest, Tippsy shall communicate whether specific termination provisions apply to certain elements of the Trip. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
Terminations sent on non-business days are considered to have been received by Tippsy on the next working day. Cancellations outside office hours but on a business day before opening hours are considered to be received by Tippsy on this business day. Cancellations outside office hours after working hours will be deemed to have been received by Tippsy on the following business day.
Tippsy assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Tippsy that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Tippsy.
For the purpose of these Terms and Conditions, the trip price is defined as the total trip price, excluding reservation costs and insurance premiums, which are non-refundable.
Tippsy's Liability
Tippsy, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Tippsy is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Tippsy does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors, and are not agents or employees or representatives of Tippsy. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Tippsy, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Tippsy. Tippsy assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Tippsy assumes no responsibility or liability for personal property; and Tippsy shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Tippsy accepts no responsibility for lost or stolen items. Tippsy reserves the right to refuse any traveler or potential traveler at its sole discretion.
Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Tippsy and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Tippsy from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Tippsy and traveler hereby covenant not to sue Tippsy for any such claims or join any lawsuit or action that is suing Tippsy. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Tippsy.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations and suppliers may require you to have a vaccination or proof of negative testing. You are responsible for understanding these requirements and must not rely on Tippsy to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable. Tippsy will not be held liable for issues arising from specific Traveler needs or preferences (e.g. allergies, mobility issues, etc.) if previously undisclosed with sufficient reasonable advanced notice.
You agree that due to uncertainty caused by COVID 19, Tippsy has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Tippsy shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Tippsy, Inc. its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Our liability under the agreement - either by a breach of obligations under this agreement or non-contractual obligations - for loss suffered by you shall be limited to the trip price.
Assistance
Tippsy shall help if you experience difficulties during your Trip. This also applies to unavoidable and exceptional circumstances as result of which the Trip does not proceed in accordance with the expectations you could reasonably have based on the agreement. Such assistance shall consist of adequate information on medical services, local authorities, consular support, and assistance in using communication and finding alternatives. The party responsible for the circumstances giving rise to such assistance shall bear the costs thereof.
In the event that the difficulties are attributable to your intent or negligence, the costs incurred by Tippsy shall be charged to you. These costs shall not exceed the costs actually incurred by Tippsy and any third parties it has engaged.
Complaints
Complaints about the performance of and during the Trip should be reported immediately, so that a solution can be sought. You must report in the following sequence to (i) the (local) service provider, (ii) the tour leader or, in case of unavailability or not applicable, (iii) us.
If the failure is not resolved, and negatively affects the quality of the Trip, you must notify us immediately. In case a failure is not resolved satisfactorily at location, Tippsy shall ensure that there is a possibility to record a complaint.
In the event you fail to register a complaint in accordance with this clause, and as a result the service provider or we have not been given the opportunity to remedy the failure, you may lose any right to compensation (in whole or in part).
If your complaint has not been resolved satisfactorily, you shall submit it in the prescribed manner, within two months of the end of the Trip (or the service used), or after the original date of departure if the Trip has not taken place. You shall attach a copy of the (initial) complaint. If the complaint relates to the conclusion of the agreement, it must be submitted to us as quickly as possible, and in any event within two months of taking cognizance of the facts to which the complaint relates.
In event that you do not submit the complaint in a timely manner, it will not be processed, unless you cannot reasonably be blamed for this.
Tippsy, Inc. General Terms and Conditions
Links
The Tippsy Sites may contain links to other web sites or resources. These links are provided for your convenience only. You acknowledge and agree that Tippsy is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, products or services on or available from such web sites or resources. Tippsy has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites and the inclusion of any link on the Tippsy Sites does not imply that Tippsy endorses the linked site. If you decide to access a third-party website linked from the Tippsy Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites' terms and conditions and privacy policies.
GIFT CERTIFICATES
Gift certificates must be redeemed through the Tippsy website (www.tippsysake.com) toward the purchase of products listed in Tippsy’s online catalog. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Tippsy Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. Gift Cards do not have an expiration date. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card.
Tippsy's gift certificates are issued and sold by TS Pacific, LLC. a California corporation. By visiting Tippsy Sites, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.
Promo and Coupon Code Terms
Tippsy promotions cannot be combined with other offers, including shipping discounts and may not apply to all bottles. Tippsy promotions cannot be applied retroactively. Promotional shipping cannot be used in AL, AK, HI, MS, or UT and only applies to FedEx Ground shipping.
Promo and Vouchers from Third-Party Sites
Occasionally coupons and promos we run are shared on third-party coupon and user submitted deals sites. Many of these coupon codes become expired and are not updated to reflect that on these third-party websites. We do not have any control over the posting of coupons and the content of any of these websites, as such we cannot honor coupon codes or promotions that have become expired.
Risk of Loss
All items purchased from Tippsy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Tippsy (in its sole discretion) may issue a replacement for the balance shown in its records. Tippsy is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Disclaimer of Warranties
THE TIPPSY SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE TIPPSY SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TIPPSY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER TIPPSY NOR ANY PERSON ASSOCIATED WITH TIPPSY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TIPPSY SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER TIPPSY NOR ANYONE ASSOCIATED WITH TIPPSY REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TIPPSY SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL TIPPSY, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE TIPPSY SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND TIPPSY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
Copyright
All content included on or made available through any Tippsy Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Tippsy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tippsy Sites, Applications and Services is the exclusive property of Tippsy and protected by U.S. and international copyright laws.
Indemnification
You agree to defend, indemnify and hold harmless Tippsy and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Tippsy Sites, Applications or Services.
Disputes
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND TIPPSY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Tippsy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Tippsy Terms, your use of Tippsy Sites, Applications or Services, or to any products sold or distributed by Tippsy or through Tippsy Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed upon location. You or Tippsy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tippsy subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Tippsy members, but is bound by rulings in prior arbitrations involving the same Tippsy member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Tippsy agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Tippsy agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Tippsy members.
If for any reason a claim proceeds in court rather than in arbitration both you and Tippsy each waive any right to a jury trial. You and Tippsy also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Tippsy Sites, Applications or Services, or any products sold or distributed by Tippsy or through Tippsy Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Tippsy agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Tippsy Sites, Applications or Services, or any products sold or distributed by Tippsy or through Tippsy Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms by Tippsy shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Tippsy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
United States Only
Unless otherwise specified, the Tippsy Services are presented solely for the purpose of promoting products and services available in the United States. Tippsy makes no representation that the Tippsy Services are appropriate or available for use in other locations. If you access Tippsy Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Entire Agreement
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Tippsy with respect to the Tippsy Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Modifications
Tippsy reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Tippsy Referral Program, at any time. If Tippsy makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at tippsysake.com, as appropriate, for thirty 30 days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at order@tippsysake.com. If you choose to continue using the Tippsy Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
Contact Information
If you have questions or comments about these Terms or the Tippsy Sites, Applications or Services, please email us via the contact information below:
Tippsy, Inc.
tippsy@tippsysake.com
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