Welcome to Dink! These Terms of Use ("Terms") govern your access to and use of our social commerce platform, including our website, mobile application, and any services we provide (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.
In case you do not agree with these terms, you can stop using the platform. Dink reserves the right to change, suspend, or discontinue any part of the platform at any time, without liability for downtime or loss of access. Further, Dink may update these Terms from time to time. If we make material changes, we may notify you, at our discretion. Continued use of the Platform constitutes acceptance of the revised Terms. change these terms in part or in whole at any time for any reason. This change may, or may not be notified to you, at our discretion. It is your sole responsibility to review these terms from time to time.
DINK reserves the right to modify, update, or amend these Terms at any time, in whole or in part, at our sole discretion. These changes may reflect updates in:
By using the Platform, you acknowledge that we have the right to make changes to these Terms at any time, and you agree to be bound by such updates, provided that they are communicated properly.
The revised Terms will be posted on the Platform's Terms of Use page, with the "Last Updated" date clearly displayed at the top. Changes will take effect immediately upon posting, unless otherwise stated. If you do not agree with the changes to these Terms, you have the right to terminate your account or cease using the Platform at any time prior to the updated Terms becoming effective. In such cases, your rights and obligations under the Terms will cease, but you may still be liable for any outstanding payments or obligations that arose before termination.
The failure of DINK to enforce any provision of these Terms will not be construed as a waiver of its right to enforce that provision in the future. Similarly, the failure to enforce any terms does not waive the Platform's right to enforce future updates or amendments to the Terms.
Your continued use of the Platform after the updated Terms have been posted and after the effective date of the changes will be deemed as your acceptance of the updated Terms. If you disagree with the changes, your only recourse is to stop using the Platform or terminate your account as described above.
"Dink, The platform, We, Us, Our" means our online business.
"You" means the user, the content developer, the account holder, the vendor.
"UGC" means user generated content.
ACCOUNT REGISTRATION:
You may be required to open an account to access certain features.
You are responsible for all activities under your account.
You agree to:
ELIGIBILITY:
By accessing or using the Platform, you represent and warrant that:
ACCEPTABLE USER CONDUCT:
You agree not to:
We reserve the right to suspend or terminate accounts that violate these rules.
ACCEPTED USE OF THE PLATFORM:
The platform may be used
COMMUNITY GUIDELINES:
Community guidelines are those set up in these terms and those set up by the club owners, as long as, they do not contradict those set up in these terms.
SUSPENSION AND TERMINATION OF ACCOUNTS DUE TO VIOLATIONS:
Termination by Dink
We reserve the right to suspend or terminate your account or access to the Platform, in whole or in part, at any time and for any reason, including but not limited to:
We may take any of the following actions:
In urgent or high-risk situations, we may act without prior notice.
Effect of Termination
Upon termination (by either party), the following will apply:
To the maximum extent permitted by law, DINK shall not be liable to you or any third party for any claims or damages resulting from:
We may suspend or terminate your access to the Platform at our discretion, with or without notice, if we believe you have violated these Terms or for any other reason. The decision to suspend or terminate the account may be taken unilaterally by us. Inactive Accounts: We reserve the right to deactivate or delete accounts that remain inactive for an extended period. Our decision is final. Termination by User: You may delete your account at any time by following the instructions in your account settings.
Upon termination:
In the case of egregious, repeated, or high-risk behavior, DINK reserves the right to act without advance notice. Notification will be issued post-action and will include the grounds for termination.
Fake, Misleading, or Prohibited Listings
Fraudulent or Deceptive Behavior
Violation of Local Laws or Platform Policies
RESPONSABILITIES IN CASE OF UNAUTHORIZED ACCOUNT ACCESS:
The user has the responsibility to keep guard of his own email and password. In case there is access of the account due to unauthorized use of that email and password, this is the responsibility of the user. In case of illegal access due to internal or external hacking of the account, Dink is not responsible, since it is impossible to safeguard 100% of accounts access, due to evolving crime practices.
USERNAME RESTRICTIONS:
You may not:
We reserve the right to reject or reclaim usernames at our sole discretion.
THIRD PARTY LOGINS:
If you register or log in via a third party service, you grant us permission to access and use certain account information from that service, in accordance with our Privacy Policy.
ACCOUNT SHARING AND TRANSFER:
Accounts are personal and may not be shared, sold, or transferred to another person or entity without our prior written consent.
ACCURACY OF PRODUCT LISTINGS:
Vendors and Manufacturers who list drinks in our platform or use clubs to promote their drinks are responsible for accurate and up to date listings and data about their drinks, awards, promotions and sponsorships. We are not liable for any inaccuracies in that data. Users should confirm data before taking decisions on that data.
Fake, Misleading, or Prohibited Listings:
Fraudulent or Prohibited Deceptive Behavior
Prohibited Violation of Local Laws or Platform Policies
Dink enables users to promote, buy and sell products. We are not a party to transactions between users and do not guarantee:
Users are responsible for conducting their own due diligence.
PURCHASE A DRINK:
Dink also enables users to link to delivery platforms, which allows them to buy their drinks and deliver them in a given address. Customers should check the delivery platforms for their own terms and conditions, as well as their own privacy policy before engaging in purchases. We are not liable for any consequences of users buying or consuming the drinks purchased. We are not liable for any problem associated with the deliveries of drinks purchased.
JOIN A CLUB:
Dink also enables users to join drink owner's clubs, in which they can post, view posts, and let fellow club members know that they are available for a digital poker game, or a drink onsite. It is the user's sole responsibility to share, or not, private information with other club users. It is important to follow up friendships carefully and if possible, perform some due diligence on potential friends before sharing private information. We have no responsibility for any events that are the consequence of the user playing, posting, meeting, or in any way interacting with fellow club members.
COMMUNICATE WITH CLUB MEMBERS:
Dink also enables users to communicate on the platform with other club members. Communications are not encrypted unless the user requests encrypted communications, because of the fact that fully encrypted communications have been suspected to harbor criminal activities. In case one user requests encrypted communications, that user communications will be encrypted even if the communication is happening with users that did not request encrypted communications. The users are responsible for the messages sent, and their consequences and agree that we are not liable for their messages and any consequences of those messages.
LIST A DRINK:
Dink also enables drink sellers and drink manufacturers to list drinks for sale at one address. One drink means, one drink of one flavor, in one container, of one size. The vendor is responsible for maintaining true and updated listings and agrees that we are not liable for false or not updated listings.
OWN A CLUB:
Dink also enables vendors and manufacturers to own a club. They can post in the club. They can send messages to the club members. They can offer discounts, prizes and rewards in the club. They can use the club to promote their drinks. They are responsible for their own actions in the club. We are not responsible for the drinks sold or promoted in the club. We are not responsible for any consequences of drink consumption or of club ownership.
SPONSOR MOST VIEWED UGC:
Dink also enables vendors and manufacturers who own clubs to sponsor the most viewed content in their clubs, alongside setting up any other rewards and prizes for other reasons. Payments to club members happen outside our platform. We are not responsible for the payment, or not, of those rewards, prizes and sponsorships, nor for the consequences of users sharing with drink vendors or manufacturers payment data necessary for processing those payments. Users are encouraged to make due diligence before sharing payment data to ensure they are dealing with serious vendors and manufacturers.
We accept major debit and credit cards and major payment wallets. You can check which payment methods are available on check out. We reserve the right to change the accepted payment methods with or without prior notice. Fees for services will be disclosed before use. We may use third party payment processors. You agree to their terms as applicable.
We may, at any time, start or change We reserve the right to change promotions with or without prior notice.
Subscriptions are not refundable.
Users can at any time cancel their subscription.
Users have the right to enjoy their subscription until the date corresponding to the payment.
USER GENERATED CONTENT:
"User GeneratedContent" refers to any content you submit, post, upload, publish, transmit, or otherwise make available on or through the Platform. This includes (but is not limited to) text, product listings, images, photos, videos, reviews, comments, messages, profile information, and any other materials.
YOUR RESPONSIBILITIES AND REPRESENTATIONS:
You represent and warrant that:
You have the right to post any content you submit and that it does not violate any third party rights, including copyright, trademark, privacy, or publicity rights; You own or have the necessary licenses, rights, consents, and permissions to submit the User Content and grant the necessary content licenses; Your content complies with all applicable laws and with these Terms, including the content guidelines set forth below.
PROHIBITED CONTENT:
You agree not to post any content that:
We reserve the right to remove any User Content that violates these Terms or is otherwise deemed inappropriate, at our sole discretion.
MONETORING:
We may, but are not obligated to, monitor, review UGC. We do not guarantee the accuracy, integrity, or quality of any UGC posted by users. Use of such content is at your own risk. All UGC and its consequences are the sole responsibility of the UGC poster. We are not responsible for delays or failures in content moderation.
PUBLIC NATURE OF CONTENT:
Unless explicitly stated otherwise, all UGC is considered non confidential and may be publicly accessible. Do not submit any content that contains confidential or proprietary information. Do not post confidential or sensitive information. Users are responsible for what they publish.
Third Party Sharing and Indexing
Your UGC may be:
If this is a concern, do not post your content.
PLATFORM OWNERSHIP:
All Platform content, design, trademarks, and logos are the property of DINK or its licensors and may not be used without permission. All rights, title, and interest in and to the Platform, including but not limited to the website design, software, codebase, algorithms, databases, user interface, layout, visual design, text, graphics, logos, button icons, scripts, and service names are the exclusive property of DINK or its licensors. These elements are protected under applicable copyright, trademark, trade dress, patent, and other intellectual property laws.
Unless expressly permitted by these Terms or with prior written consent, you may not:
TRADEMARKS:
"DINK," the logo, and all other associated brand identifiers are trademarks or registered trademarks of [Platform Owner]. Unauthorized use of any Platform trademark or trade dress is strictly prohibited. The above applies even if the name and logo will be modified.
Users may not:
You retain ownership of the content you post but grant us a nonexclusive, worldwide, royalty free, transferable, sublicensable, and irrevocable license to:
This license continues even after your account is terminated or your content is removed, to the extent necessary for legitimate business purposes. You retain all rights, title, and interest in and to your User Content, subject to the license granted above. We do not claim ownership over your content, but by submitting it to the Platform, you grant us certain rights to use it. Content may persist in backup systems or logs even after deletion. In some cases, copies may remain if previously shared, reposted, or indexed by third party services.
a. The Platform may contain links, advertisements, or references to third party websites, services, or products. We do not control or endorse these third-party services and are not responsible for their content, practices, or availability. Any interaction with third parties, including purchases, agreements, or disputes, are solely between you and the third party.
By using the Platform, you acknowledge and agree that DINK is not responsible for any harm, loss, or damage resulting from your dealings with third-party providers.
b. DINK is not liable for the content posted by third party services or any of their actions, errors or ommissions.
DINK does not guarantee that the Platform will be available or uninterrupted at all times. We are not responsible for any downtime, delays, interruptions, or errors that may occur in the operation of the Platform due to:
We disclaim any liability for damages arising from any interruption or failure to provide access to the Platform.
The information, products, and services available through the Platform are provided "as is" and "as available," without any representations or warranties, express or implied, as to their accuracy, completeness, or fitness for a particular purpose. This includes but is not limited to:
While we strive for accuracy, we cannot guarantee that the information is error free or that products will meet specific buyer expectations or needs. Sellers and buyers assume full responsibility for verifying the accuracy of any information before making a transaction.
DINK does not guarantee the successful completion of any transactions between users, including but not limited to:
All transactions are conducted directly between buyers and sellers, and we are not responsible for disputes, damages, or losses arising from any transaction, whether initiated through the Platform or offline. We recommend that users exercise caution and use appropriate safeguards, including payment protection methods, when engaging in transactions.
By purchasing or using products listed on DINK, you acknowledge and agree that some of the products may carry inherent health risks. These products are sold "as-is," and we do not guarantee or claim that they are safe for all individuals. Always consult with a qualified healthcare provider before using any product, especially if you have underlying health conditions, are pregnant, nursing, or are taking medications.
DINK and its affiliates, partners, and sellers are not liable for any adverse health effects, injuries, or side effects resulting from the use or misuse of products sold on the Platform. You agree to use the products at your own risk, and by purchasing or using any product, you release the platform, its operators, and its sellers from any liability related to health issues, including but not limited to:
Nutritional information, ingredients, and health claims provided by sellers are for informational purposes only. The accuracy of this information is the responsibility of the product manufacturer or seller. DINK does not independently verify these claims. It is your responsibility to verify the ingredients and nutritional facts before using the product, especially if you have allergies or sensitivities to certain ingredients.
The products sold on the Platform may not be evaluated by the U.S. Food and Drug Administration (FDA) or equivalent regulatory bodies in other countries. As such, these products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. If you are concerned about any medical condition, you should seek advice from a licensed healthcare professional. If a product is subject to a recall or safety alert, we will do our best to notify affected users and remove the product from the Platform. However, we are not responsible for any damages, health issues, or losses that occur prior to or after a product's recall. It is important to monitor public safety announcements, including FDA or relevant regulatory body warnings, related to the products you purchase.
By purchasing or using products sold on DINK, you agree to monitor your health while using the product. If you experience any discomfort, adverse effects, or symptoms while using any product, stop using it immediately and seek professional medical advice. You are solely responsible for your health and safety. You are encouraged to exercise discretion and judgment when purchasing products, particularly those that may impact your health or well-being. If in doubt, consult with a healthcare professional before making a purchase.
To the maximum extent permitted by law, DINK and its officers, employees, agents, licensors, and partners shall not be liable for any:
In no event shall DINK's total liability to you for all damages exceed the total amount paid by you to DINK during the 12 months preceding the event giving rise to the liability.
Indemnification
You agree to indemnify, defend, and hold harmless DINK and its affiliates, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:
This indemnity obligation will survive the termination of these Terms.
a. These Terms shall be governed by the laws of the state of Delaware, without regard to its conflict of law principles.
b. In case one clause of the present terms in not enforceable by law, the remaining terms will stand.
Any dispute will be resolved by mediation before resolving for arbitration. You agree to resolve any disputes by either mediation or arbitration. You agree not to enter in any class filings against DINK.
At DINK we are committed to protecting and respecting your privacy. This Privacy Policy outlines how we collect, use, store, and share your personal data when you access and use our Platform, services, and features. By using the Platform, you agree to the collection and use of your information in accordance with this policy.
We collect personal information in the following ways:
Information We Collect Automatically
We use the information we collect for the following purposes:
We may share your personal data in the following circumstances:
With Service Providers
We may share your information with third-party service providers who assist us in operating the Platform, processing payments, conducting analytics, or performing other services on our behalf. These third-party providers are required to protect your data in accordance with applicable privacy laws.
With Other Users
If you are a seller, your product listings and other content (e.g., reviews) may be shared with potential buyers. We will never disclose your full payment details, but certain transactional information may be visible to buyers (such as your shipping address or contact details).
For Legal Compliance
We may disclose your personal information if required by law, such as to comply with a subpoena, court order, or legal process, or if we believe such disclosure is necessary to protect our rights, the safety of others, or investigate fraud.
In the Event of a Business Transfer
In the event of a merger, acquisition, or sale of assets, your personal information may be transferred to the new entity, subject to the terms of this Privacy Policy.
We will retain your personal data for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. If you delete your account or request to withdraw consent, we may retain certain information to comply with legal obligations, resolve disputes, and enforce our agreements. If you are accessing the Platform from outside the country in which we are based, please be aware that your personal data may be transferred to and processed in other countries, including the United States, where data protection laws may differ from those in your country. By using the Platform, you consent to the transfer of your data across borders, subject to the safeguards provided by applicable law. The Platform may contain links to third party websites, services, or applications. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party sites you visit. The Platform is not intended for children under the age of 13 (or 16 in certain jurisdictions), and we do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal data from a child, we will take steps to delete such information as soon as possible.