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Terms and conditions

Effective as of February 29, 2024

Drinkun Inc. ("Drinkun", "we", "our", or "us") own and operate certain websites, mobile device applications, and other tools, technology, and programs (collectively, the "Platform"), as well as services associated with or made available through the Platform (collectively, the "Services"). These Terms of Service ("Terms") govern your access to the Platform and Services and constitute a legal agreement between you and Drinkun. So please read them carefully.

PLEASE REVIEW SECTION 19, TITLED THE “DISPUTE RESOLUTION” CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DRInkun, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU AND DRINKUN EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THE PLATFORM AND SERVICES ARE FOR PERSONS 21 YEARS OF AGE AND OLDER. YOU MAY NOT USE OUR PLATFORM OR SERVICES IF YOU ARE UNDER 21. YOU MAY NOT PURCHASE FOR, PICK-UP FOR, RECEIVE OR SEND A DELIVERY OR SHIPMENT TO ANYONE UNDER 21. DO NOT SEND US INFORMATION ABOUT ANYONE UNDER 21.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with Drinkun if you are a Retailer (defined below), advertiser, or other company with which we partner.

1. Shopping with Drinkun

Drinkun does not sell, offer to sell or solicit sales of alcohol: our Services enable you to search online for alcohol and other products available for sale by licensed alcohol retailers that have agreed to use Drinkun’s Platform ("Retailers"). The Services are not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the Services show you its availability, price and other information based on your location and information provided by the Retailers that service your location; if you prefer, you may sort and filter results based on search criteria. Our Services may be limited or not available at all in some locations due to local law or other restrictions.

Drinkun may charge you a Service Fee when you place an order. Any Service Fee will be disclosed to you before you finalize your order and will charged to you in addition to the purchase amount and any required taxes. When you place an order through the Platform, it is an offer to purchase from a Retailer. The total purchase amount (plus any additional Service Fee and required taxes) may be authorized by your payment card company, but your offer is not accepted by the Retailer at that time. The Retailer reviews your order and decides whether to accept it. If the Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional Service Fee) and arrange for the delivery, pick-up, or shipment.

Drinkun is not a delivery company or a common carrier. The delivery of your order will be facilitated by the Retailer or a delivery service utilized by the Retailer. Drinkun does not employ, select, or supervise any delivery drivers. Drinkun does not guarantee shipping or delivery times and is not liable for the actions, omissions, products, or content of Retailers or any delivery driver or service.

2. Account registration

You will be required to register an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services. Additionally, you must update your account information to keep it accurate, current, and complete.

You are the sole authorized user of any account you create and responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by any person under the age of 21, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Drinkun’s Customer Experience Team by clicking here or sending an email to security@drinkun.com.

Drinkun will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Drinkun or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Drinkun has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Drinkun has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Drinkun may also suspend or terminate your account if, in its sole discretion, it believes: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Platform or Services; (c) your continued use of the Platform or Services may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Drinkun employee, Retailer, or delivery driver. You agree not to create an account or use the Services if you have been previously removed by Drinkun, or if you have been previously banned from use of the Services.

The information you provide must be accurate and complete, and you must keep it current. Use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined

If you wish to deactivate your account for any reason, send a request to our Customer Experience Team. If your account has been deactivated. Drinkun may, but is not obligated to, reactivate your account upon written request to its Customer Experience Team.

3. Privacy and data

By accessing the Platform, using the Services, or registering for an account, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Notice, available at https://drinkun.com/privacy-policy/.

4. Restrictions on use

You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services except as expressly permitted by Drinkun; (c) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Platform; (e) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Platform, Services, or their related systems or networks.

5. Prices, taxes, and fees

Retailers set the price of their products on Drinkun, and Retailers and their delivery providers may charge you additional fees such as a Delivery Fee, Shipping Fee, Redelivery Fee, and Restocking Fee as described in these Terms. Your order, including a Delivery Fee, may be subject to tax. The amount of the tax depends on things like the products ordered, delivery location, and the legal obligations of the Retailer.

Drinkun reserves the right to charge a Service Fee for Drinkun’s administrative costs. If a Service Fee is charged by Drinkun you will be made aware of any such Service Fee and such fee will be collected by Drinkun.

In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, Drinkun reserves the right to initiate an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by Drinkun’s designated payment processor, using the preferred payment method designated in your account. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.

6. Returns, refunds, and exchanges

Retailers and the laws in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged product for a refund or credit, or exchange it for something else. In some states, you can exchange a product you bought (or received as a gift) if you want something else. Drinkun makes no representations concerning your ability to return a product.

7. Promotional and referral codes

Drinkun and Retailers, at their sole discretion, may make promotional offers available to you. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Drinkun; (c) are subject to the specific terms that Drinkun and Retailers establish for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer or one year.

Drinkun and Retailers reserve the right to modify or cancel an offer at any time. If you attempt to evade restrictions on offer redemption, Drinkun and Retailers may decline to redeem your code.

8. Changes to orders

If you wish to change your order for any reason after it has been placed, you may contact our Customer Experience Team, but we cannot guarantee that your changes will be accepted by the Retailer. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

9. ID verification; other safety checks

It is the responsibility of the Retailer and any delivery provider they use to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 but appear to be in the company of only 18 year olds), they may refuse to furnish you with alcohol.

Alcohol cannot be left unattended—someone 21 or older must be present to accept and sign for it. If a Retailer is unable to deliver your product for this or a similar reason, the Retailer may charge a restocking fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to a Redelivery Fee (see Section 10b).

If we believe that your order is fraudulent or unlawful, we may alert the Retailer and suspend your use of the Platform.

10. Retailer right to refuse

  1. Retailer right to refuse, cancel and adjust orders

    A Retailer may refuse, cancel or adjust your order for any reason. If the product you want is not available, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.
    Some Retailers limit where they deliver (for example, some Retailers will not deliver to hotels and restaurants). If a Retailer policy prohibits delivery to your address, the Retailer will notify you, cancel your order and issue a refund.
    Sometimes the law requires Retailers to limit the number or type of product(s) in your order. If this happens, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.
     
  2. Retailer right to refuse multiple delivery attempts and charge a Restocking and Redelivery Fee

    A Retailer or their delivery provider may refuse to deliver your order if they believe that furnishing alcohol to you or the person accepting the delivery on your behalf is illegal, unsafe or inappropriate. If a delivery cannot be made for this or any other reason, you may be charged a Restocking Fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to a Redelivery Fee.

11. Errors

Sometimes product information—such as images, descriptions, availability, pricing and reviews—contains errors. If a Retailer identifies such an error, they will notify you and either offer a reasonable substitute or refund your money. If you accept the substitute, the order total will be adjusted accordingly.

If you receive a product that is not as described (or that you did not order), your sole remedy is to notify the Retailer and the Retailer will in its sole discretion either allow you to return the unused product (within the time period specified by the Retailer) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly.

12. Gift orders

When you send a gift order, provide the full name, email address, delivery address and phone number of the gift recipient. If you choose to keep the gift a surprise, we will not inform your gift recipient of the order, and you assume the risk that they will not be present to receive the order, including any Redelivery or Restocking Fees. If you choose to notify your gift recipient of the gift, they will receive a message informing them of their gift and have the opportunity to schedule the delivery or pick the gift order up from the Retailer (the name of the Retailer will be shown on the gift order notice). If permitted by the Retailer, the gift recipient can also designate someone to pick up or receive the gift on their behalf.

Your gift recipient or their designate may be required to present a valid form of photo identification with birth date and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. As with any order, a Retailer (or their delivery provider) may refuse or cancel a gift order or delivery for any reason.

13. Platform ownership, license, and access

The Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Content") is owned by or licensed to Drinkun. The Platform and the Content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Drinkun

We grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platform. You may use the Platform only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Platform, the Content, or the Services; collect and use any product listings, descriptions, or prices; make any derivative use of the Platform, the Content, or the Services; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Platform. This license will terminate if you do not comply with these Terms.

14. User content

  1. User content

    Drinkun may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Drinkun textual, audio, and/or visual content and information, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Drinkun, you grant Drinkun a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Drinkun's business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
    You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Drinkun the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Drinkun's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Drinkun in its sole discretion, whether or not such material may be protected by law. Drinkun may, but shall not be obligated to, review, monitor, and remove User Content, at Drinkun's sole discretion and at any time and for any reason, without notice to you.
     
  2. Retailer and product reviews


    You may be asked to rate and post reviews of Retailers or products ("Reviews"), which will be considered User Content. Reviews are not endorsed by Drinkun and do not represent the views of Drinkun. Drinkun shall have no liability for Reviews or for any claims for economic loss resulting from such Reviews. Because we strive to maintain a high level of integrity with respect to Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Review on first-hand experience with the Retailer or product; (ii) you will not provide a Review for any Retailer or product for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Review in exchange for payment, free food items, or other benefits from a Retailer or product; (iv) any Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Review will comply with these Terms. If we determine, in our sole discretion, that any Review could diminish the integrity of the Reviews or otherwise violates these Terms, we may remove such Reviews without notice.

15. Copyright dispute policy

Please review our Copyright Dispute Policy to report potentially infringing content to us.

16. Communications and text messages

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your voluntary provision to Drinkun of your cell phone number represents your consent that Drinkun, Retailers with which you place an order, delivery drivers, and delivery services may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Drinkun, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from Drinkun at any time.

If you unsubscribe from receiving text messages from Drinkun, you may continue to receive text messages for a short period while Drinkun processes your request(s). If you change or deactivate the phone number you provided to Drinkun, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Drinkun’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.

17. App stores

You acknowledge and agree that the availability of the Platform may be dependent on the third party from which you download the Drinkun app, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge and agree that these Terms are between you and Drinkun and not with the App Store and that Drinkun is responsible for the provision of Services as described in these Terms. However, if you downloaded the Drinkun app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

18. Other third-party offerings

The Platform may be made available or accessed in connection with other third-party services and content (including advertising) that Drinkun does not control. Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Drinkun will not warn you that you have left the Platform or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Drinkun. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Drinkun does not endorse such third-party services and content and in no event shall Drinkun be responsible or liable for any products or services of such third party providers.

19. Disclaimer of warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DRINKUN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DRINKUN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM AND SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM AND SERVICES, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

DRINKUN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

DRINKUN DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS INCLUDING RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF DRINKUN.

DRINKUN DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM OR SERVICES. DRINKUN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

20. Limitation of liability

DRINKUN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM OR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DRINKUN, EVEN IF DRINKUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DRINKUN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DRINKUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRINKUN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DRINKUN'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF DRINKUN.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DRINKUN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DRINKUN’S CHOICE OF LAW PROVISION SET FORTH BELOW.

21. Indemnification

You agree to indemnify and hold Drinkun and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of the Platform and Services or goods obtained through your use of the Platform and Services; (b) your breach or violation of any of these Terms; (c) Drinkun's use of your User Content; or (d) your violation of the rights of any third party, including Retailers, delivery services, and delivery drivers.

22. Applicable law

The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in the Commonwealth of Massachusetts shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local, state or national laws applicable to your use of the Platform and Services, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of alcoholic beverages. You must comply with all applicable U.S. or other export and re-export restrictions.

23. Notice

Where Drinkun requires that you provide an e-mail address, you are responsible for providing Drinkun with your most current e-mail address. In the event that the last e-mail address you provided to Drinkun is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Drinkun's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Drinkun by sending an email to denish@drinkun.com. Such notice shall be deemed given on the next business day after such e-mail is actually received by Drinkun.

24. Other terms

You may not assign these Terms without Drinkun's prior written approval. Drinkun may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of Drinkun's equity, business or assets; or (c) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Drinkun or any third party as a result of these Terms or use of the Platform and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Drinkun's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Drinkun in writing.

25. Updates

Drinkun may make changes to these Terms from time to time. If Drinkun makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of these Terms. Unless Drinkun says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Platforms after Drinkun provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Platform.

26. Termination

Drinkun may immediately terminate, without notice, these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Sections 13, 15, 19- 27 shall survive termination of these Terms.