PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION
AND/OR USING OUR SERVICE. ALCOHOL DELIVERIES
Your contracting partner is Alcohol Deliveries LLC, a private limited liability company established in the United States of America, having its offices at Columbus Ohio, registered with the Secretary of State of Ohio.
WHAT SERVICES DOES ALCOHOL DELIVERIES PROVIDE?
Alcohol Deliveries offers information and a delivery of goods offered by third party transportation providers, drivers or vehicle operators (the "Transportation Provider"), which may be requested through the use of an application supplied by Alcohol Deliveries and downloaded and installed by you on your single mobile device (smart phone) (the "Application"). All services provided by Alcohol Deliveries to you by means of your use of the Application are hereafter referred to as the "Service".
HOW IS A CONTRACT CONCLUDED BETWEEN ALCOHOL DELIVERIES AND YOU?
By using the Application or the Service, you enter into a contract with Alcohol Deliveries (the "Contract"). In order to be able to use the Application or Service, you first need to sign up with Alcohol Deliveries. When signing up, you must attest that your of legal age in your state of residence to purchase and consume alcoholic beverages where by otherwise if you were to purchase from a vendor you would legally be allowed to do so, you are obligated to provide Alcohol Deliveries with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with Alcohol Deliveries, Alcohol Deliveries will provide you with a personal account, accessible for you with a password of your choice. You have to be 21 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application.
You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these
User Terms and register for the Service and the Application.
HOW TO USE THE SERVICE AND THE APPLICATION
The Application allows you to send a request for transportation service to a Transportation Provider.
Application – provides your address information from which you inputted and then is forwarded to a delivery driver who provides the requested goods.
Provider. The Transportation Provider has sole and complete discretion to accept or reject each request for transportation service or deny sale at point of meeting. The Transportation Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application.
Alcohol Deliveries shall procure reasonable efforts to bring you into contact with a Transportation Provider in order to obtain transportation services and deliver goods requested, subject to the availability of Transportation
Providers in or around your location at the moment of your request for transportation services.
For the avoidance of doubt: Alcohol Deliveries itself does not provide transportation services, and Alcohol Deliveries is not a transportation carrier. It is up to the Transportation Provider to offer transportation services, which may be requested through the use of the Application and/or the Service. Alcohol Deliveries only acts as intermediary between you and the Transportation Provider. The provision of the transportation services by the Transportation Provider to you is therefore subject to the agreement (to be) entered into between you and the Transportation Provider. Alcohol Deliveries shall never be a party to such agreement.
YOUR USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to Alcohol Deliveries is accurate and complete. Alcohol
Deliveries is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Alcohol Deliveries is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Alcohol Deliveries reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
1. You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party; 2. You will not authorize others to use your account;
3. You will not assign or otherwise transfer your account to any other person or legal entity;
4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
5. You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
6. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
7. You will not impair the proper operation of the network;
8. You will not try to harm the Service or Application in any way whatsoever;
9. You will not copy, or distribute the Application or other Alcohol Deliveries Content without written permission from Alcohol Deliveries;
10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will only use an access point or 3G data account (AP) which you are authorized to use;
13. You are aware that when requesting transportation services by SMS (if available in your jurisdiction), standard messaging charges will apply;
14. You will not use the Service or Application with an incompatible or unauthorized device;
15. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
Alcohol Deliveries reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application is free of charge however there is a delivery service fee of $5.00 USD. Alcohol Deliveries reserves the right to introduce a fee for the use of the Application and/or the Service. If Alcohol Deliveries decides to introduce such a fee, Alcohol Deliveries shall inform you accordingly and allow you to either continue or terminate the Contract. The rates that apply for the transportation services by the Transportation Provider can be found on the Website and through the Application. These may be modified or updated by Alcohol Deliveries from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.
Alcohol Deliveries shall charge you for the transportation services provided to you by the Transportation
Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that Alcohol Deliveries may charge your credit card account as provided by you when registering for the Service for the transportation services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Alcohol Deliveries with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Alcohol Deliveries uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the
Payment Processor and your credit card issuer in addition to these User Terms. Alcohol Deliveries is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Alcohol Deliveries will obtain certain transaction details, which Alcohol Deliveries will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Alcohol Deliveries, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; b. your violation of any rights of any third party, including Transportation Providers arranged via the Application, or c. your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Alcohol Deliveries will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate. Alcohol Deliveries shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Alcohol Deliveries.
Alcohol Deliveries shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Alcohol Deliveries aggregate liability shall in no event exceed an amount of USD 500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provider. The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you.
Alcohol Deliveries under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behavior, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"Alcohol Deliveries Content" means Content owned or used by Alcohol Deliveries, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Service or Application.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
"Collective Content" means, collectively, Alcohol Deliveries Content and User Content.
Subject to your compliance with these User Terms, Alcohol Deliveries grants you a limited, non-exclusive, non-transferable license:
iv. to view, download and print any Alcohol Deliveries Content solely for your personal and noncommercial purposes; and
v. to view any User Content to which you are permitted access solely for your personal and noncommercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service,
Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Alcohol Deliveries. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by
Alcohol Deliveries or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and nonproprietary. Accordingly, Alcohol Deliveries shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that Alcohol Deliveries only acts as a passive conduit for the distribution of the User
Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Alcohol Deliveries shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Alcohol Deliveries be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Alcohol Deliveries.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Alcohol Deliveries, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Alcohol Deliveries or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Alcohol Deliveries reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Alcohol Deliveries believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Alcohol Deliveries. You agree to promptly notify Alcohol Deliveries in writing of any User Content which breaches these User Terms. You agree to provide to Alcohol Deliveries sufficient information to enable Alcohol Deliveries to investigate whether such User Content breaches these User Terms. Alcohol Deliveries agrees to make good faith efforts to investigate such complaint and shall take such action as Alcohol Deliveries in its sole discretion decides. However, Alcohol Deliveries does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, Alcohol Deliveries grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
YOU SHALL NOT
vi. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; vii. modify or make derivative works based upon the Service or Application;
viii. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; ix. reverse engineer or access the Application in order to a. design or build a competitive product or service, b. design or build a product using similar ideas, features, functions or graphics of the Service or Application, or c. copy any ideas, features, functions or graphics of the Service or Application, or x. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
YOU SHALL NOT:
i. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; ii. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; iii. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; iv. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or v. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Alcohol Deliveries will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Alcohol Deliveries may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Alcohol Deliveries has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Alcohol Deliveries reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Alcohol Deliveries, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
Alcohol Deliveries respects copyright law and expects its users to do the same. It is Alcohol Deliveries’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Alcohol Deliveries’s
Copyright Policy at www.alcohol2go.com/legal/copyright, for further information.