Terms of service

OVERVIEW
This website is operated by The Board Bartender Incorporated. Throughout the site, the terms “we”, “us” and “our” refer to The Board Bartender Incorporated. The Board Bartender Incorporated offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Board Bartender, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Board Bartender and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us here or at theboardbartender@gmail.com.

ADDITIONAL POLICIES AND TERMS OF USE

Business to Business and Group Rentals Contract Terms

All Popup Agreements and related invoices and rentals are subject to the following terms and conditions in addition to those listed above for the website terms of use and in the originally signed contract:

1. WARRANTIES:

The Game(s) will be in good working order upon delivery.

The Game(s) are of merchantable quality and are fit for Appropriate Use.

2. LOSS AND DAMAGE:

To the extent permitted by law and once the Game(s) are in the possession of the Venue, the Venue will be responsible for risk of loss, theft, damage or destruction to the Game(s) from any and every cause.

If the Game(s) are damaged as a result of not complying with the Appropriate Use, the Venue will continue paying Rent for the remainder of the Term. The Venue shall provide the Service Provider with immediate written or verbal notice of such damage. If the Game(s) are unrepairable, the Venue will pay the Service Provider up to the Game(s) value if a Deposit does not off-set the cost, but not exceeding the Total Loss value.

In the event of Total Loss, the Venue will provide the Service Provider with immediate written or verbal notice of such loss and will pay the Service Provider all unpaid Rent for the Term or Renewal period plus the Casualty Value of the Game(s), at which point ownership of the Game(s) passes to the Venue.

3. DEFAULT EVENT:

The occurrence of any one or more of the following events will constitute an event of default (a “Default Event”) under this Agreement:

If Venue fails to pay Rent or any other amount herein provided within 30 calendar days after the same is due and payable;

If Venue fails to observe, keep or perform any other provisions of this Agreement required to be observed, kept or performed by Venue or is otherwise in material breach of this Agreement;

If Venue attempts to or abandons, removes, sells, encumbers or sublets any component of the Game(s);

If a judgment is entered against Venue in respect of the Game(s) and is not released or satisfied within 10 days; or

If Venue becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for Venue or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings are instituted by or against Venue under the Federal bankruptcy law of Canada or other competent jurisdiction.

4. OWNERSHIP, RIGHT TO LEASE AND QUIET ENJOYMENT:

The Game(s) shall at all times be and remain the sole and exclusive property of the Service Provider; and the Venue shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

The Venue will not encumber the Game(s) or allow the Game(s) to be encumbered or pledge the Game(s) as security in any manner.

The Service Provider warrants that the Service Provider has the right to lease the Game(s) according to the terms of this Agreement.

The Service Provider warrants that as long as no Default Event has occurred, the Service Provider will not disturb the Venue’s peaceful possession of the Game(s) or the Venue’s unrestricted use of the Game(s) for the purpose for which the Game(s) were designed.

5. ADVERTISING:

The Venue agrees to allow the Service Provider to advertise them in good faith, and the Service Provider agrees to the same.

The Venue agrees to allow the Service Provider to post any photographs, videos, or social media postings for the purposes of promotional materials related to the Venue.

6. INDEMNITY:

The Venue shall indemnify Service Provider against, and hold Service Provider harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or connected with or resulting from the possession, use, operation or return of the Game(s) by Venue, or those accessing the Game(s) through Venue, except to the extent arising out of or resulting from the gross negligence or willful misconduct of the Service Provider, its employees, agents, contractors or representatives, or a breach of this Agreement by Service Provider of any representation, warranty or any other provision of this Agreement.

7. RELEASE:

The Service Provider shall not be liable for any death or injury arising from or out of any occurrence related to the Game(s), nor shall the Service Provider be responsible for any loss of or damage to any property of the Venue, whether or not such death, injury, loss or damage results from the negligence of the Service Provider or its agents, servants, contractors, representatives or employees or other persons for whom the Service Provider may, in law, be responsible, or a breach by Service Provider of any representation, warranty or any other provision of this Agreement.

8. REMEDIES:

On the occurrence of a Default Event, the Service Provider shall have the right to exercise any one or more of the following remedies (the “Remedies”):

Demand the return of the Game(s);

Without demand or legal process, enter the premises where the Game(s) are located and take immediate possession of and remove the same, without liability for such entry or for damage to property or otherwise;

Recover from Venue, as liquidated damages and not as a penalty, any and all amounts then due and owing, plus the aggregate of any and all amounts to become due over the remainder of the Term;

Terminate this Agreement immediately upon written notice to the Venue;

Pursue any other remedy at law or in equity.

Notwithstanding any said repossession or any other action which Service Provider may take, Venue shall be and remain liable for the full performance of all obligations on the part of Venue to be performed under this Agreement.

All such remedies are cumulative and may be exercised concurrently or separately.

9. SERVICE PROVIDER’S EXPENSES:

Venue shall pay Service Provider all its own costs and expenses, including lawyer's fees, incurred by Service Provider in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions herein.

10. POSSESSION AND SURRENDER OF GAME(S):

Venue shall be entitled to possession of the Game(s) on the first day of the Term, and the Service Provider shall transfer possession of the Game(s) to Venue at the time of delivery of the Game(s) to the Venue or Venue’s agent. At the expiration of the Term, the Venue shall surrender the Game(s) to Service Provider by delivering the Game(s) to Service Provider or Service Provider’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.

11. ASSIGNMENT:

Without the prior written consent of the Service Provider, the Venue shall not assign, transfer, pledge or hypothecate this Agreement, the Game(s) or any interest therein or, sublet or lend the Game(s).

12. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between Service Provider and Venue and it shall not be amended, altered or changed except by a written agreement signed by the Parties hereto. Each Party acknowledges that it has not relied on, and shall have no remedy in respect of any representation (innocent or negligent) made but not expressly embodied in this Agreement. Nothing in this paragraph limits or excludes any liability for fraud or fraudulent misrepresentation. Venue acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Venue been given, any warranty, statement, promise or representation by Service Provider or on its behalf other than as expressly set out in this Agreement.

13. SEVERABILITY:

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

14. BINDING EFFECT:

The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

15. GOVERNING LAW:

In the event of any unresolved dispute under this Agreement, the governing law shall be the law of Ontario, and that of Canada applicable therein, and any such dispute shall be heard in the Superior Court of Justice of the Province of Ontario.

16. TIME:

Time is of the essence in this Agreement.

17. TERMINATION:

Notwithstanding anything to the contrary contained herein, the Venue or the Service Provider may, with or without cause, terminate this Agreement at any time upon twenty-one (21) days prior written notice to the other Party. Should this agreement be made with less than twenty-one (21) days notice before the end of the term, the Venue or the Service Provider may, with or without cause, terminate this Agreement at any time within forty-eight (48) hours after signing the agreement as prior written notice to the other Party. Upon such termination, provided that the Venue terminates the Agreement, the Venue shall pay the remainder of the Rent and any other applicable fees owed under the Agreement within thirty (30) days. The Venue shall return the Game(s) to the Service Provider within seven (7) days of termination in accordance with the terms of this Agreement. Upon payment and return of the Game(s), the Parties shall have no further obligations hereunder.

18. DISPUTE RESOLUTION:

Each Party agrees to utilize all reasonable efforts to resolve any dispute, whether arising during the term of this Agreement or at any time after the expiration of termination of this Agreement, which touches upon the validity, construction, meaning, performance or effect of this Agreement or the rights and liabilities of the Parties or any matter arising out of or connected with this Agreement, promptly and in an amicable and good faith manner by negotiations between the Parties.

If these negotiations are unsuccessful, the Parties agree to pursue an appropriate dispute resolution process, such as mediation or arbitration before resorting to litigation.

All information exchanged during any dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

19. COUNTERPARTS:

This Agreement may be signed in any number of separate counterparts. Each, when executed and delivered by a Party, will be an original; all counterparts will together constitute one instrument.

All Contract Rentals and related invoices and agreements are subject to the following terms and conditions in addition to those listed above for the website terms of use and in the originally signed contract:

1. WARRANTIES:

The Game(s) will be in good working order upon delivery.

The Game(s) are of merchantable quality and are fit for Appropriate Use.

2. OWNERSHIP, RIGHT TO LEASE AND QUIET ENJOYMENT:

The Game(s) shall at all times be and remain the sole and exclusive property of the Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

The Lessee will not encumber the Game(s) or allow the Game(s) to be encumbered or pledge the Game(s) as security in any manner.

The Lessor warrants that the Lessor has the right to lease the Game(s) according to the terms of this Agreement.

The Lessor warrants that as long as no Default Event has occurred, the Lessor will not disturb the Lessee’s peaceful possession of the Game(s) or the Lessee’s unrestricted use of the Game(s) for the purpose for which the Game(s) were designed.

3. ADVERTISING:

a. The Lessee agrees to allow the Lessor to advertise them in good faith, and the Lessor agrees to the same.

b. The Lessee agrees to allow the Lessor to post any photographs, videos, or social media postings for the purposes of promotional materials related to the Lessee.

4. INDEMNITY:

The Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or connected with or resulting from the possession, use, operation or return of the Game(s) by Lessee, or those accessing the Game(s) through Lessee, except to the extent arising out of or resulting from the gross negligence or willful misconduct of the Lessor, its employees, agents, contractors or representatives, or a breach of this Agreement by Lessor of any representation, warranty or any other provision of this Agreement.

5. RELEASE:

The Lessor shall not be liable for any death or injury arising from or out of any occurrence related to the Game(s), nor shall the Lessor be responsible for any loss of or damage to any property of the Lessee, whether or not such death, injury, loss or damage results from the negligence of the Lessor or its agents, servants, contractors, representatives or employees or other persons for whom the Lessor may, in law, be responsible, or a breach by Lessor of any representation, warranty or any other provision of this Agreement.

6. REMEDIES:

On the occurrence of a Default Event, the Lessor shall have the right to exercise any one or more of the following remedies (the “Remedies”):

a. Demand the return of the Game(s);

b. Without demand or legal process, enter the premises where the Game(s) are located and take immediate possession of and remove the same, without liability for such entry or for damage to property or otherwise;

c. Recover from Lessee, as liquidated damages and not as a penalty, any and all amounts then due and owing, plus the aggregate of any and all amounts to become due over the remainder of the Term;

d. Terminate this Agreement immediately upon written notice to the Lessee;

e. Pursue any other remedy at law or in equity.

Notwithstanding any said repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Agreement.

All such remedies are cumulative and may be exercised concurrently or separately.

7. LESSOR’S EXPENSES:

Lessee shall pay Lessor all its own costs and expenses, including lawyer's fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions herein.

8. POSSESSION AND SURRENDER OF GAME(S):

Lessee shall be entitled to possession of the Game(s) on the first day of the Term, and the Lessor shall transfer possession of the Game(s) to Lessee at the time of delivery of the Game(s) to the Lessee or Lessee’s agent. At the expiration of the Term, the Lessee shall surrender the Game(s) to Lessor by delivering the Game(s) to Lessor or Lessor’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.

9. ASSIGNMENT:

Without the prior written consent of the Lessor, the Lessee shall not assign, transfer, pledge or hypothecate this Agreement, the Game(s) or any interest therein or, sublet or lend the Game(s).

10. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between Lessor and Lessee and it shall not be amended, altered or changed except by a written agreement signed by the Parties hereto. Each Party acknowledges that it has not relied on, and shall have no remedy in respect of any representation (innocent or negligent) made but not expressly embodied in this Agreement. Nothing in this paragraph limits or excludes any liability for fraud or fraudulent misrepresentation. Lessee acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Lessee been given, any warranty, statement, promise or representation by Lessor or on its behalf other than as expressly set out in this Agreement.

11. SEVERABILITY:

12. BINDING EFFECT:

The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

13. GOVERNING LAW:

14. TIME:

Time is of the essence in this Agreement.

15. DISPUTE RESOLUTION:

a. Each Party agrees to utilize all reasonable efforts to resolve any dispute, whether arising during the term of this Agreement or at any time after the expiration of termination of this Agreement, which touches upon the validity, construction, meaning, performance or effect of this Agreement or the rights and liabilities of the Parties or any matter arising out of or connected with this Agreement, promptly and in an amicable and good faith manner by negotiations between the Parties.

b. If these negotiations are unsuccessful, the Parties agree to pursue an appropriate dispute resolution process, such as mediation or arbitration before resorting to litigation.

c. All information exchanged during any dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

16. COUNTERPARTS:

This Agreement may be signed in any number of separate counterparts. Each, when executed and delivered by a Party, will be an original; all counterparts will together constitute one instrument.

Player Policies

Player Code of Conduct

We are committed to providing a safe, comfortable, and enjoyable gaming experience for our players. Your compliance with this player code of conduct alongside acting respectfully will aid in achieving this goal.

For everyone’s safety and to harbour a fun gaming experience, the following behaviours are prohibited when interacting with The Board Bartender and its property:

Failing to follow the instructions of employees and owners;
Verbally or physically harassing employees, owners, and other players;
Using abusive language or obscene gestures;
Using any unauthorized recording or communication device;
Damaging our property;
Consistently returning games without all the pieces provided initially;
Failing to respect other players.

In cases where The Board Bartender is hosting an event at a physical location, the above list also applies to the safety of any individual aiding in co-hosting the event and your treatment of them. Additionally, the following are prohibited:

Carrying, displaying, or using: (i) any real weapons, except as may be permitted by law; (ii) any simulated weapons not affixed to, or part of, the games owned by The Board Bartender and applicable co-hosts; (iii) any items which may jeopardize the safety of players or staff;
Loitering or behaving in a way that is: (i) unruly, disruptive or harmful; (ii) in violation of any laws or regulations;
Smoking tobacco, cannabis, or any other substance anywhere within the premises or outside the premises, as may be prohibited by applicable municipal by-laws or host policies. This includes the use of electronic cigarettes or vapourizers;
Impairment related to drug or alcohol consumption;
Possessing or consuming alcohol not purchased from the host, in contravention of applicable laws;

We will not tolerate the use of threatening behaviour, abusive language, verbal harassment, or disorderly conduct towards owners, staff, or players.

We will not tolerate the taking of video or still images of our owners, staff, or players that is unauthorized, unsolicited, or defamatory.

Anyone engaged in these types of actions and activities will be banned from utilizing the services of The Board Bartender for a period of time at the sole discretion of The Board Bartender, potentially including indefinitely. In the case where an event is hosted by The Board Bartender at a physical location, players not adhering to this code of conduct will be required to leave the premises of the event.

We thank our players in advance for complying with this code of conduct.

Return and Refund Policy

Refunds and Cancellations

In the event of a player’s change of plans, we understand the need for cancellation of a rental order or event ticket purchase. Our policy is that any rental order or event ticket purchase cancellation 48 hours or more before the scheduled delivery window or event start time will receive a full refund. Any order cancellation between 6 and 48 hours before the scheduled delivery window or event start time will receive a half refund. Finally, any order cancellation with less than 6 hours notice before the scheduled delivery window or event start time will not receive a refund. If you require changes to an order, further clarification on the refund and cancellation policy, or any other details, please contact us for more information.

In the case of Business to Business and other invoiced charges being processed through our website, all purchases are subject to full or partial refunds solely at the discretion of The Board Bartender.

Liability

To be clear on our expectations of liability with our game collection, the following guidelines apply:

We are liable for the order and its contents up until the point that we deliver the order bin at the agreed upon location in the agreed upon timeframe. Wherever possible, we aim to hand off the order directly to an individual. If you or a substitute are not available to accept the order in person, we can leave the bin in a reasonable location such as a doorstep, porch, or other part of your dwelling. If we do not feel there is a secure location to leave the order, we will retain the bin and contact you to arrange a way to ensure you receive the bin safely.
Unreturned games and games damaged beyond playability will be subject to a fee equivalent to their MSRP at the discretion of The Board Bartender.
Your liability for the bin and its contents begins at that previously mentioned point of delivery and continues until we pick up the bin at the agreed upon location in the agreed upon timeframe. This means you are welcome to transport the bin and its contents wherever you see fit and at your discretion during your rental period. Should any damage or loss of contents occur, however, you will be liable for the replacement value mentioned previously.
Upon bin pick-up at the end of your rental period in the pick-up window specified, we assume any liability to damage incurred through transportation of the games back to the rest of our collection. In the process, we will inspect the games and their contents and notify you of any issues in the condition of the game. If there are any serious issues with the playability of a game upon return, we will charge the previously mentioned damaged game charge. If you can rectify the issue upon its discovery, we may waive part or all of the fee at The Board Bartender’s discretion.

Payment Policy

Payments processed through our online store are subject to our website Terms of Use and, as a website hosted by Shopify, subject to the Terms of Use and applicable policies of Shopify. When payment is unable to be completed through the online store, The Board Bartender may, at its sole discretion, accept payment in another form such as, but not limited to, e-transfer, cheque, or cash. Payments accepted in these other forms would be subject to the applicable company’s policies such as Interac, banks, or third party payment software.

For post-rental costs incurred through fees such as, but not limited to, game or part replacement costs as per the liability section, The Board Bartender reserves the right to charge credit and debit cards on file with the infracting account and/or hold charges on an account and incur them upon the next purchase of the player on that account. Any additional fees incurred for processing these types of transactions may be charged to the player at the sole discretion of The Board Bartender.

Failure to pay deposits, order charges, fees, replacement costs, or any other legitimate charge incurred by The Board Bartender for our services by the player may result in order cancellation and/or banning of the player from utilizing the services of The Board Bartender for a period of time at the sole discretion of The Board Bartender, potentially including indefinitely.

Shipping Policy

Our Shipping Policy can be found here.

Temporary Terms

2025 September 13 Promenade

All collection of personal information will be in accordance with our Privacy Policy, which can be found at https://theboardbartender.ca/policies/privacy-policy.
Use of our website is governed by our terms and conditions, which can be found at https://theboardbartender.ca/policies/terms-of-service, and any applicable Ontario and Canadian laws.

Contest rules and regulations:
No purchase necessary. Only open to age of majority (or under age of majority with parent/guardian consent) residents of Canada. Void where prohibited. Contest begins at 7:00 AM ET on September 13th, 2025 and ends on September 13th, 2025 at 7:00 PM ET. Entry into the contest is constituted as following The Board Bartender’s official Facebook or Instagram pages, or providing a valid email address for The Board Bartender’s use in communicating contest results and marketing materials, and being present at The Board Bartender’s booth at Promenade. Chances to win greater valued or additional prizes are granted by successfully participating in a game based activity at the sole discretion of The Board Bartender. All entrants successfully following The Board Bartender’s official Facebook or Instagram pages or providing a valid email address are guaranteed a prize in the contest in the form of a discount code for use at www.theboardbartender.ca or free admission to future The Board Bartender events at the minimum, with odds of winning greater valued or additional prizes from The Board Bartender subject to the number of valid entries submitted. Entrants are only eligible to win one prize from The Board Bartender. Additional prizes may include but are not limited to the following: free game night courtesy of The Board Bartender, free shipping on orders with The Board Bartender, gift cards, vouchers, or equivalent coupons for The Board Bartender.

10$OFF and TAKEOFF25$ and $50OFF discount code terms:
Offer valid online at www.theboardbartender.ca only. Order must be placed prior to expiration date. Expires October 13th, 2025. Cannot be combined with any other coupons, discounts, offers, or promotions. Offer valid for one-time use only per player. Subject to product availability, no rain checks issued. Not redeemable for gift card purchase. Void if altered, copied, transferred, or sold. Value discount for merchandise, shipping & handling pre-tax total only. Cannot be used for prior purchases. Other restrictions may apply. No cash value.

FREE ADMISSION discount code terms:
Offer valid at 339 Barrie Street’s Studio 330 only. Only valid for entry at September 27th 2025 event with The Board Bartender and partner Studio 330. Expires September 27th, 2025 at 11:59 PM. Cannot be combined with any other coupons, discounts, offers, or promotions. Offer valid for one-time use only per player. Coupon must be presented and surrendered at entry to gain free admission. Subject to product availability, no rain checks issued. Not redeemable for gift card purchase. Void if altered, copied, transferred, or sold. Cannot be used for prior purchases. Other restrictions may apply. No cash value.