Please read the following Terms of Service Agreement carefully.  By accessing or using our sites, services, or products, you hereby agree to be bound by the terms and all terms incorporated herein by reference.  It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use our services.  If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites, services, or products.  This Terms of Service agreement is effective immediately.

 

 

Terms of Service Agreement

 

These Terms of Service (the “Terms”) is a binding legal agreement between you and PartyLifter LLC (“PartyLifter”, “we”, “us” and “our), which governs your use of PartyLifter products (our “Products”), services (our “Services”), websites, applications, contents, and/or products for event owners (“Event Owners”) and event service providers (“Service Providers”) and product providers (“Retailers”). Any use of our products and services, whether through our apps, websites, phone support, or any other accessible channels to our Services are governed through this Agreement. SINCE YOU AGREE TO BE BOUND BY THIS TERMS BY USING OR ACCESSING OUR “PRODUCTS” and “SERVICES” PLEASE READ THESE TERMS CAREFULLY.

You understand and agree that we may change our Terms from time to time, and such changes will be effective immediately. Therefore, as you continue using our Products and Services you are bound by the modified Terms, and your ongoing use of our products and services will constitute that you accepted our amended Terms. Agreeing to these Terms, you acknowledge that you have completely and carefully read and understand these Terms and accept all of them; otherwise, you must not use or access our Products or Services in any manner.

Intellectual Property

These Terms and its original content, features, and functionality are and will remain the exclusive property of PartyLifter and its licensors. The Service and Products are protected by copyright and other laws of the United States. Our copyrighted materials may not be used in connection with any product or service without the prior written permission of PartyLifter.

Links to Other Websites

Our Products and Services may contain links to third-party websites or services that are not owned or controlled by PartyLifter. PartyLifter has no control over and assumes no obligation for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that PartyLifter will not be held responsible or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused by, or in connection with the use of, or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service that you visit.

Termination

We may terminate or suspend your access to our products and services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability provisions.

Renunciation of Warranties

PartyLifter connects Event Owner(s) (“Event Owners”), Event Service Providers (“Service Providers”), and Event Product Providers (“Retailers”), using our Products and Services. PartyLifter DOES NOT provide any event planning, preparation, execution, assistant or any other event related services. We are solely a neutral venue to connect Service Providers and Event Owner(s). We make no warranties, representations, or guarantees about the quality, reliability, timeliness, suitability, accuracy, or availability of Service Providers and their performance, as well as Retailers. Additionally, we have no control over the conduct of Service Providers. Moreover, we do not warrant that our products and services meet your requirements or expectations. Furthermore, we do not certify that use of our products and services will be secure, uninterrupted or timely, or any data will be reliable or accurate, or the correction of defects or errors in our products and services, and THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.

PartyLifter’s Service connects customers to Retailers in customers’ locations to provide them with their orders through PartyLifter’s platform. It does not have or sell any kind of liquor, food, beverages, supplies, décor or partyware, rental items, invitations, etc.

PartyLifter does not employ Service Providers and will not be responsible or liable in any manner for the conduct or actions of Service Providers or Event Owner(s). PartyLifter also will not be responsible or liable in any manner for the conduct or actions of event guests (“Guests”). Each user of our Services would be responsible for making decisions that are in their own best interest. For instance, an Event Owner(s) may decline an event service provider (“Helper”), or an event service provider (“Helper”) may decline to provide services to an Event Owner(s). However, fees or payments will be adjusted accordingly.

Screening Process

Event Service Provider(s) are required to go through an evaluation process to assure that they meet the requirements and qualifications determined by PartyLifter. As a part of this process, we may facilitate their background checks via a third party, and that might be as a part of our screening process for Event Service Provider(s). Therefore, as an event Service Provider(s), you must permit us to conduct interviews, phone screenings, and background checks on you. In addition, there might be follow-up calls, text messages, Emails or any other communication channels.

 

Your warranties

You certify that you have the authority to enter into and abide by these Terms, and you are at least 18 years old. In addition, you certify that you are legally entitled to enter these Terms, and you will comply with all laws applicable to your activities conducted through PartyLifter.

As an Event Owner(s), you certify that you are responsible for the legality of your Events (Parties, gatherings, etc… collectively referred to as Events), guest activities, and you must comply with all federal, state, county, municipal and other laws that apply to you.

As an Event Owner(s), you certify that you have obtained all permits, required licenses and permissions, and fulfilled any requirements to conduct your Events with which you are getting help from event Service Provider(s) legally.

As an Event Owner(s), you certify that you are responsible for providing all beverages, ingredients, and materials needed for Service Provider(s) except tools and devices that Service Provider(s) might provide. However, you may use the Shopping List feature inside the app to purchase and supply the required ingredients and materials; it is your responsibility to assure that all Service Provider(s) requirements for a proper implementation are provided by you.

As an Event Owner(s), you certify that you are responsible for providing a safe environment for Service Provider(s).

As an Event Owner(s), you certify that you are responsible for any losses or damages to personal properties to event Service Provider(s), unless otherwise PartyLifter service providers did those losses or damages.

As an Event Owner(s), you are responsible for verifying the identity of event Service Provider(s) by checking their IDs with their badges before they start their services.

As an Event Owner(s), you are responsible to provide Service Provider(s) with available and accessible electrical outlets.

As an Event Owner(s), you are required to provide proper space for Service Provider(s) to perform their tasks.

As an Event Owner(s), you are required to provide the drinkware, kitchen tools, equipment, materials and all other necessities for Service Provider(s) to perform their tasks.

As an event Service Provider(s) you must certify that you obtained all the required business certifications and licenses, and you fulfilled all requirements to legally conduct your business. In addition, you must comply with all federal, state, county, municipal and/or other laws that apply to you.

As an event Service Provider(s) you must have an identification card (driver's license, state I.D., passport, etc.) before starting your services.

As an event Service Provider(s) you must have all the required devices and tools, which are listed in your orientation process, with yourself prior to start your services.

Your additional warranties

In addition, you warrant that, As an event Service Provider(s):

Will not distribute our service without our permission;

Will not use PartyLifter in any possible manner to find Event Owner(s) or Service Provider(s) to work with them directly and outside the use of our Service;

May not transfer your account. You may only use our services as we authorized them;

Will not cause annoyance or inconvenience using our services;

Have the appropriate software to use our Services;

Have a relatively new iPhone, iPad or Android device, that can run PartyLifter app;

Will provide us with whatever proof of identity we might need;

Will make sure that your password and the confidentiality of your account is secure, and all the information that you provide to PartyLifter is true and accurate;

Will use PartyLifter only in a lawful manner and only for its intended purposes;

Will not use PartyLifter or cooperate with other PartyLifter users for the purposes that violate the law;

 Will not use PartyLifter in order to compete with PartyLifter;

 Will not solicit another user’s username and password.

Are responsible to provide us with all our required information. We may reach you using your Email, phone number, or any other communication channels you provided us with them. It is not our responsibility to make sure that you have received our messages prior taking appropriate steps.

Cannot get events directly from Event Owner(s). You must not use us to find Event Owner(s).

Must arrive at the event half an hour before the Event and leave half an hour after the event unless specified differently.

 

As an Event Owner(s):

Event Owner(s) will have the necessary permission from the property owners, neighbors and all other involved people to conduct your Event.

Event Owner(s) must be available before, during and after the party for the Service Provider(s).

PartyLifter can contact you through call and/or text your phone to get or give more information.

Event Owner(s) must certify that the person to whom the alcohol is delivered is of legal drinking age (Over 21 years old in California).

Event Owner(s) and Service Provider(s) are not allowed to provide untrue reviews.

Availability of our Products and Services

PartyLifter reserves its right to have full control over the availability of its Products and Services to turn them on and off, based on its service coverage. We might give estimates without taking the location of the service request into account. In case of charging the owner(s) in an uncovered location, we will return the charge as soon as possible.

 

Assignment of Service Providers to Events

PartyLifter reserves the right to have full control over the process of assigning Helper to Events and may at any time for any reason change a Helper with another Helper. Both Event Owner(s) and Service Provider(s) must agree with this process before using Our Services. However, we might notify Service Provider(s) by phone calls, text messages, email, or other means regarding available Events; there is no guarantee, whatsoever, that the notified Helper will be assigned to that Event or will provide services on that Event.

 

User Content

Everything that you upload, post, store, or otherwise provide to our Services (which refers to as "Your Content") might be viewable by other users. You grant us the rights to display Your Content on our Services. In addition, you allow PartyLifter the rights to translate, reproduce, modify and otherwise act concerning Your Content. Where applicable PartyLifter shall own all title, right, and interest in and to any enhancement, suggestions, ideas, requests, or other information provided by you. You are required to acknowledge that you are aware of and permit that your profile picture and description might be displayed in Our Services as a featured service providers. Therefore, do not use any sensitive information in your description (No sensitive names or contacts). Your images must be from yourself (Preferably your face to keep the style of how we display our featured service providers consistent).

Booking Fee vs. Platform Fee

PartyLifter charges a Ten Percent (10%) fee as a booking fee (the “Booking Fee”) per service or item purchased, which must be paid by the Event Owner(s) upon booking. The Booking Fee is already added and included into the actual price of each service or item when it is invoiced. Therefore, each service or item purchased through PartyLifter will already include the Booking Fee as part of the transaction. PartyLifter will facilitate Event Owner’s payment of the charges on behalf of the Service Provider(s) and /or Retailer(s) booked. Unless otherwise determined by PartyLifter, these payments would be considered the same as a payment made directly to the Service Provider(s) and/or Retailer(s) booked by Event Owner(s), and unless otherwise specified by PartyLifter expressly in writing, these payments are final, non-negotiable, and non-refundable.

                Example:  Event Owner(s) books a photographer. The photographer’s fee is $100. PartyLifter charges the Event Owner(s) $110 (the $10 extra is for the Booking Fee). The same goes for all items sold through PartyLifter’s platform.

PartyLifter provides a platform that serves as a liaison, connecting Service Providers and/or Retailers to Event Owner(s) that would be interested in purchasing the Service Providers’ and/or Retailers' services or items.  For this service, PartyLifter also charges Service Providers and Retailers a fee (the “Platform Fee”), which is calculated by PartyLifter collecting Ten Percent (10%) of the Service Provider(s)’ and/or Retailor(s)’ total invoice price.  It is the responsibility of the Service Provider(s) and Retailer(s) who are providing their service(s) or item(s) for sale to pay the Platform Fee. Event Owner(s) will not be responsible for the 10% Platform Fee PartyLifter charges to Service Providers and Retailers.  Event Owner(s) will only be responsible for the Ten Percent (10%) Booking Fee.

                Example:  Photographer is hired by Event Owner(s) through PartyLifter’s services to photograph the event. Photographer’s fee is $100. PartyLifter charges the Event Owner(s) $110 (the $10 extra is for the Booking Fee). PartyLifter then pays the Photographer for his/her services $90 (the $10 less is for the Platform Fee). The same goes for each item sold through PartyLifter’s platform.

 

Payments

Your payment method and information will be saved in Stripe, a third-party system for charging and payments, and associated with your user account. PartyLifter will use your saved payment method and information to facilitate your payments after scheduling events, and Stripe will send you an email containing the receipt of the facilitated payment. PartyLifter reserves the right to revise, make or remove charges associated with our Products and Services.

If you, as an Event Owner(s), do not provide the essential requirements for your Helper to work, Service Provider(s) will be paid as if the job has been done, and the Event Owner(s) is responsible for the cost. Event Owner(s) are responsible for providing the necessities for Service Provider(s) to perform their tasks.

In case we cannot provide Service Provider(s) for your Event after your event is scheduled, or if Service Provider(s) do not show up, the cost of the missing Service Provider(s) will be fully refunded. PartyLifter is not responsible in any way for the availability, dedication, and responsibilities of Service Provider(s) and / or Retailers and has no control over them. Therefore, as an Event Owner(s), before scheduling your event or using our services in anyways, you must agree to hold PartyLifter harmless from any damages caused by any actions of the Service Provider(s), which includes but is not limited to Service Provider(s) not showing up or irresponsible behavior.

However, Event Owner(s) are not required to provide any additional payment as gratuity or tip; you are free to provide additional fee as a gratuity or tip to the Service Provider(s).

 

Charges, Cancellation, and Rescheduling fees

 

(i) Deposit

Deposits are not refundable within seven days prior to the event.

(ii) Remainder

The remainder of the bill is due four days prior to the event.

(iii) Rescheduling

You may reschedule your event up to four days prior to the event. There are no refunds past this deadline.

(iv) Liquor, Food, Beverage, Supplies, Rental, etc. Delivery

The items ordered will not be delivered until the full amount has been received. Retailers will contact the Event Owner(s) to coordinate the delivery date and time.

(v) Card Declines

We will attempt to charge the customer’s card on file four days prior to the event. In an event that we are unable to charge the customer’s card on file, we will contact the customer to receive the payment. If the payment is not received within three days, the event will be cancelled, and no refund will be issued.

 

Notices and Contacts

PartyLifter may contact you using text messages, phone calls, Emails, and/or mail any time. You also may contact PartyLifter using support@partylifter.com or our phone number.

Event Owner(s) Responsibility for Serving and Selling Alcoholic Beverages must be TRUE PRIVATE PARTY, and/or must have Alcoholic Beverages Serve and Sales licenses and permits (ABC, ...).

Event Owner(s) must make sure that their events meet the statutory definition of a “private party,” (All three of the below elements must exist). Therefore, no ABC license is required according to Bus. & Prof. Code 23399.1., or Event Owner(s) certify that they have all the required Alcoholic Beverages Serve and Sales licenses and permits (ABC license, and/or any other required licenses) certify:

 

  1. That there is no sale of an alcoholic beverage. (This covers direct sales and indirect sales via cover charge).
  2. That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of.
  3. That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages.

Limitation of liability

PartyLifter SHALL NOT BE LIABLE TO ITS USERS OR ANYONE IN RELATION WITH THE USERS INCLUDING BUT NOT LIMITED TO, SERVICE PROVIDER(S), EVENT OWNER(S) AND GUESTS FOR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST OR CORRUPTED DATA OR CONTENT, LOST REVENUE ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION TO OUR SERVICES, THE USE OF OUR SERVICES OR THE INABILITY TO USE OUR SERVICES), EVEN IF PARTYLIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. FURTHER, PARTYLIFTER WILL NOT BE LIABLE FOR THE CONDUCT OF ANY SERVICE PROVIDER INCLUDING BUT NOT LIMITED TO BARTENDERS, WAITERS, WAITRESSES, DJS, CLEANERS, AND ALCOHOL PROVIDERS. AS A MATTER OF SAFETY, PARTYLIFTER REQUIRES THAT ALL SERVICE PROVIDERS PASS A BACKGROUND CHECK THAT INCLUDES NATIONAL CRIMINAL DATABASE, SOCIAL SECURITY TRACE, AND SEX OFFENDER LIST SEARCH.

PartyLifter does not offer any liquor insurance. PartyLifter users certify that they will always hold PartyLifter harmless against any claims arising from any related issues. PartyLifter merely facilitates the connection between users and Retailers, and charges them for the application fee. Since PartyLifter does not sell or serve alcohol, it does not have any control over its selling and/or serving processes.

 

Indemnification

Through using our Products and Services you hereby expressly release us, to the fullest extent permitted by applicable law, from any and all liability whatsoever for any injuries, loss, damages, controversies, harms arising from your use or misuse of our Products and Services, the actions of event Service Providers, the actions of event owners (“Event Owners”), the actions of event guests (“Guests”) or the violation of any rights of any third party (including Service Provider(s), Event Owners, and Guests). In addition, you acknowledge and agree that your use and/or provision of event Service Provider(s) is at your sole and exclusive risk. You agree to defend at its expense and indemnify and hold harmless PartyLifter and its affiliates, directors, officers, employees, agents, successors, and assigns (each an “Indemnified Party”) from and against any and all losses, costs, damages, liabilities and expenses including without limitation, reasonable legal fees and expenses paid to or for the benefits (collectively, “Losses”) arising from, or in connection with any claims for damage, loss or destruction of any real or tangible personal or commercial property caused by the negligence or willful misconduct of PartyLifter, Service Provider(s), Event Owner(s), Guest(s), or any other entities .

 

Survival

The clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their Terms notwithstanding the expiration or termination hereof.

 

Assignment

Users shall not assign this Agreement or any right or interest under this Agreement, nor delegate any work or obligation to be performed under this Agreement, without PartyLifter’s prior written consent. Any attempted assignment or delegation in contravention of this Section shall be void and ineffective.

 

Arbitration Agreement

You and PartyLifter agree that any and all disputes or claims that arise between you and PartyLifter relating to our Products and Services or these Terms (including any alleged breach of these Terms) (collectively, “Claims”) will be resolved as set forth in this Arbitration Agreement. The exceptions are for claims that, as a matter of applicable law, cannot be made subject to arbitration, in case your claim qualifies as a small court claim or an individual claim brought in small claims court. Claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property are also exceptions from this Arbitration Agreement.

You agree that any and all Claims will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

YOU AND PARTYLIFTER 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 OR PROCEEDING. UNLESS BOTH YOU AND PartyLifter AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PartyLifter USERS.

Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at support@partylifter.com. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.

 

Governing Law and Jurisdiction

These Terms, and any dispute between you and PartyLifter, will be governed by the laws of the State of California, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and PartyLifter must be resolved exclusively by a state or federal court located in the State of California. You and PartyLifter agree to submit to the personal jurisdiction of the courts located in Los Angeles, California for the purpose of litigating all such claims or disputes.

 

General

No joint employment, venture, partnership, or agency relationship exists between you, PartyLifter or any third-party provider as a result of these Terms or use of the Services.

 

 

Last updated 09/19/2019