TERMS OF USE

These Terms of Use and any documents referred to herein set out the terms and conditions governing your use of our website, www.drinkupshop.com (our Website) and the mobile Application (“drinkupshop”) made available by drinkupshop Inc. When we refer to drinkupshop ” in these Terms, we mean us, the Website, the Application and/or the Services. By using the drinkupshop, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are updated and effective as of: [09/05/2019].

Please read these Terms of Use carefully. We recommend that you print copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use drinkupshop.

OUR DETAILS

Drinkupshop Inc. (we, our and us ) operates the Website, the Service, and the Application.

DrinkupShop is a limited liability company incorporated under the laws of the State of [__NY_____], USA. Our contact email address is support@drinkupshop.com

PRICES

www.drinkupshop.com does not charge any fees. Licensed retailers may charge fees, taxes, duty, delivery charges, service charges, etc. All the fees payable to licensed retailers is your responsibility. www.drinkupshop.com shall not be responsible to neither users nor retailers for any fees or taxes payable by other parties.

SERVICES

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, resulting from: (i) the services (ii) the results of the services (iii) the use or the inability to use the services; (iv) any changes which we may make to the services, or any permanent or temporary termination of the services; (v) or any other matter relating to the services.

www.drinkupshop.com does not sell or deliver alcohol beverages. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer, or any improper exclusionary practices by any alcohol beverage licensee.

ORDER PROCESSING

Orders shall be processed in the following manner:

  • Licensed Retailers will accept your order request, your credit or debit card will be charged for the amount of your purchase including any additional fees.

  • Once the charge is complete, the Licensed Retailer will package your order for either pick-up, shipment, or delivery as indicated by you in your order request.

  • The individual picking up the order or accepting the order shipment or delivery must provide a valid form of photo identification proving that he or she is at least twenty one (21) years old and sign for the order at the time of pick-up, receipt of shipment, or delivery.

  • It is solely the responsibility of each Licensed Retailer, and its employees and agents, or the shipping or delivery company used by the Licensed Retailer and that shipping or delivery.

You must ensure that your shipping address and billing address information used for an Order matches both the name of the credit card and Driver’s License or other form of photo identification to secure your Order.

RETURNS AND EXCHANGES

Drinkupshop is not responsible for unsatisfactory or altogether incorrect orders originating at an individual store. In the event you wish to return, exchange, or refund your order, you must contact the individual store. It is at the discretion of the individual store to rectify any errors or issues with your Order.

YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS USING YOUR DEVICE OR INTERNET CONNECTION

You must ensure that any persons who access Drinkupshop on your computer(s) or device(s), or who are permitted or able to access Drinkupshop on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our Drinkupshop, and you must not permit them to do so.

OTHER DOCUMENTS GOVERNING YOUR USE OF DRINKUPSHOP

In addition to these Terms of Use, your use of our service is also governed by the following documents:

(a) Our Privacy Policy, which is available at www.drinkupshop.com . Our Privacy Policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

(b) Our Cookies Policy, which is available at www.drinkupshop.com . Our Cookies Policy governs our use of cookies and similar technologies on www.drinkupshop.com . It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

By accessing and using www.drinkupshop.com , you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our Privacy Policy, and our use of cookies and similar technologies in accordance with our Cookies Policy.

If you do not agree to the terms set out in these Terms of Use, you must not use www.drinkupshop.com .

AVAILABILITY OF DRINKUPSHOP

We make no representations and provide no warranties that:

(a) The www.drinkupshop.com will be made available at any specific time or from any specific geographical location;

(b) Your access to the service will be continuous or uninterrupted; or

(c) The www.drinkupshop.com will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.

We reserve the right to suspend access to all or part of the www.drinkupshop.com for any reason, including for business or operational reasons, such as improving the appearance or functionality of the service, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the www.drinkupshop.com for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

CHANGES WE MAY MAKE TO THESE TERMS OF USE AND OTHER DOCUMENTATION

We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

(a) to reflect any changes in the way we carry out our business;

(b) to account for any changes we make to our service, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the Drinkupshop;

(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

(d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice and/or by posting an updated version of these Terms of Use or other such documentation with a new effective date stated at the beginning of them.

By continuing to access Drinkupshop after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access Drinkupshop after we have updated our Privacy Policy and/or our Cookies Policy that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

ACCOUNT DETAILS

If we provide you with account information such as a user name, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.

If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at support@drinkupshop.com

OWNERSHIP OF MATERIAL

All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights in Drinkupshop and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the Drinkupshop and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos, and other branding owned by third parties and used or displayed on or via Drinkupshop (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the Drinkupshop should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

MOBILE APPLICATION LICENSE

USE LICENSE

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

(a) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(b) Violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(c) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(d) Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(e) Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

APPLE AND ANDROID DEVICES

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

INFORMATION AND CONTENT PROVIDED ON NON-RELIANCE BASIS

www.drinkupshop.com is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our service available for any other purposes, except as expressly provided in these Terms of Use.

The content on Drinkupshop is not intended to be construed as advice. You must not rely on any of the content, for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our service at any time.

We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our service from time to time are accurate, up to date or complete.

PERMITTED USE OF MATERIALS

The content on www.drinkupshop.com is provided for your personal, private, and non-commercial use only. You may print or share the content of www.drinkupshop.com for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on www.drinkupshop.com . You may not otherwise extract, reproduce or distribute the content of www.drinkupshop.com without our prior written consent.

Whenever you print, download, share or pass on content to others, you must not make any additions or deletions or otherwise modify any text, you must not alter or change any images, media or graphics in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from Drinkupshop without our prior written consent.

Whenever you pass on any content or materials from Drinkupshop to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

PROHIBITED USES OF DRINKUPSHOP

You must not reproduce duplicate, copy or resell any part of www.drinkupshop.com or any content from www.drinkupshop.com , save and except to the extent expressly permitted in these Terms of Use.

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way or any part of it, our systems, any of our hardware or equipment or any networks on which www.drinkupshop.com is hosted, any software that we use to create or modify the www.drinkupshop.com or to make the www.drinkupshop.com available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use www.drinkupshop.com for lawful purposes only and in accordance with these Terms of Use. You must not use:

(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b) for any fraudulent purposes whatsoever;

(c) to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;

(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the www.drinkupshop.com , our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e) to communicate with, harm or attempt to harm children in any way; or

(f) In any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

You must not submit any information about you to us if you are under the age of twenty one (21), or about any other person who is either:

(a) Under the age of twenty one (21); or

(b) If they are aged twenty one (21) or above, where you have not received their prior written consent to submit information about them to us.

You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

VIRUSES AND OTHER HARMFUL CONTENT

We do not guarantee that www.drinkupshop.com does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to www.drinkupshop.com .

We shall not be responsible for any bugs or viruses, or any software that might be transferred to your computer or phone, or any consequences which the presence or operation of such programs may have.

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other devices.

You must not upload or otherwise introduce any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use any third parties, software, or technology to attempt to gain unauthorized access to our website, our application, servers, systems, hardware, software, or data.

You must not attempt to perform any denial of service type attack.

LINKS TO THIRD PARTIES

Links to third parties content may appear from time to time. We are not responsible for the content, accessible via any link(s). All content of the third party is outside of our control, and we do not represent or warrant that such content is related to us, suitable or appropriate for use or viewing, lawful or accurate.

Any third party content, accessible via a link may collect and process your information. We are not responsible for any data-processing activities carried out by any third party who is linked to us, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their service and its features.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:

(a) your use of drinkupshop;

(b) any corruption or loss of data;

(c) any inability to access drinkupshop, including, without limitation, any interruptions, suspension or withdrawal of drinkupshop (for any reason whatsoever);

(d) any use you make of any content or materials on drinkupshop, including any reliance you make on such content or material;

(e) any loss of savings, profits, sales, business or revenue;

(f) any loss of reputation or goodwill;

(g) any loss of savings;

(h) any loss of a chance or opportunity; or

(I) any other secondary, consequential or indirect losses,

In such circumstances where we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.

We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

You specifically agree that we shall not be liable for any content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, application, property, product, service, or other content owned or controlled by us.

INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the www.drinkupshop.com or those conducted on your behalf):

(a) Your uploads, access to or use of the www.drinkupshop.com ;

(b) your breach or alleged breach of these Terms of Use;

(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(e) Any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

DISCLAIMERS

The drinkupshop is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

(a) the service;

(b) the drinkupshop content;

(c) user content; or

(d) security associated with the transmission of information to the drinkupshop.

In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

We do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the drinkupshop is at your sole risk. We do not warrant that your use of the drinkupshop is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.

By accessing or using the drinkupshop you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.

AGE RESTRICTIONS ON USE OF DRINKUPSHOP

www.drinkupshop.com and any products or services available on or via the website are not intended for use by individuals under the age of twenty one (21).

If you are under the age of twenty one (21), you must not use drinkupshop, purchase, or attempt to purchase any of our products or services or submit any information about you or anyone else to us.

We do not knowingly or intentionally process information about any individual under the age of twenty one (21).

ENTIRE AGREEMENT

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and www.drinkupshop.com and governs your use of the Service, superseding any prior agreements between you and www.drinkupshop.com .

GOVERNING LAW AND JURISDICTION

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the State of New York.

The courts of the State of New York shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

COPYRIGHT

The copyright in these Terms of Use is either owned by or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere, including any content, are reserved.

CONTACT INFORMATION:

If you have any questions regarding these terms and conditions of this website, please contact us by any of the following means;

Web: www.drinkupshop.com
Email: support@drinkupshop.com
© All rights reserved. August 2019.