123 Delivery promotes the sale and delivery of alcohol beverages by duly licensed retail merchants. Alcohol beverages are a heavily-regulated commodity. Consequently, as a condition of accessing the 123 Delivery Website and using the 123 Delivery Alcohol Services, you expressly and affirmatively acknowledge and agree to the following:
1. 123 DELIVERY DOES NOT SELL ALCOHOL BEVERAGES BUT DOES PROVIDE DELIVERY SERVICES, 123 DELIVERY CHARGES A DELIVERY FEE WHICH IS THE WHOLE TOTAL PRICE OF THE BILL NOT THE PRODUCT AND 123 DELIVERY IS A TRANSPORTATION CARRIER. ALL SALES AND DELIVERIES OF ALCOHOL BEVERAGES ARE MADE BY DULY LICENSED, PARTICIPATING RETAIL MERCHANTS.
2. 123 DELIVERY OFFERS INFORMATION AND A METHOD TO CONNECT DULY LICENSED, PARTICIPATING RETAIL MERCHANTS TO YOU AND OTHER LAWFUL CUSTOMERS SEEKING TO PURCHASE ALCOHOL BEVERAGES; 123 DELIVERY DOES NOT CHARGE YOU FOR THE PRODUCT BUT CHARGES YOU A DELIVERY FEE OF THE TOTAL AMOUNT 123 DELIVERY IS A TRANSPORTATION CARRIER.
3. EACH PARTICIPATING RETAILER IS THE SELLER OF RECORD FOR THE PARTICULAR PRODUCTS IT PROMOTES VIA 123 DELIVERY WEBSITE AND THE 123 DELIVERY ALCOHOL SERVICES, AND SELLS TO 123 DELIVERY WHICH IN RETURN 123 DELIVERY CHARGES A DELIVERY FEE WHICH IS THE TOTAL PRICE . 123 DELIVERY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SALE OF ALCOHOL BEVERAGES OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY PARTICIPATING RETAIL MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR OTHER THIRD PARTY.
4. 123 DELIVERY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF ANY PARTICIPATING RETAIL MERCHANT, OR ANY COMMON CARRIER OR DELIVERY AGENT UTILIZED BY SAID MERCHANT, TO EFFECT THE DELIVERY OF PRODUCTS SOLD OR PROVIDED BY ANY PARTICIPATING RETAIL MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR OTHER THIRD PARTY.
5. 123 DELIVERY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF YOU OR ANY CUSTOMER THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL BEVERAGES PROMOTED BY OR ACQUIRED THROUGH THE 123 DELIVERY ALCOHOL SERVICE.
6. YOU WILL NOT USE THE 123 DELIVERY ALCOHOL SERVICES UNLESS YOU ARE 21 YEARS OF AGE OR OLDER, AND YOU WILL NOT FURNISH ALCOHOL BEVERAGES OBTAINED THROUGH THE 123 DELIVERY ALCOHOL SERVICE TO ANY PERSON WHO IS NOT A LAWFUL CONSUMER, i.e., SOMEONE WHO IS EITHER (i) UNDER 21 YEARS OF AGE, OR (ii) OBVIOUSLY INTOXICATED, APPARENTLY INTOXICATED, OR KNOWN TO BE A HABITUAL DRUNKARD WITHIN THE MEANING OF THE LAWS GOVERNING THE STATE IN WHICH YOU RESIDE.
GENERAL APPLICABILITY OF THESE CONDITIONS OF USE
These Conditions of Use shall be governed in all respects by the laws of the State of NEW YORK without giving effect to its conflicts of law provisions. Both you and 123 DELIVERY submit to the personal jurisdiction of and venue in the state and federal courts in the State of NEW YORK, in the judicial district that includes SUFFOLK COUNTY, NEW YORK . Subject to the Arbitration provision set forth above, you and 123 DELIVERY further agree that any cause of action arising under these Conditions of Use not governed by arbitration shall be brought exclusively in the aforementioned NEW YORK courts.
USE OF THIRD PARTY SERVICES
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, 123 DELIVERY or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the 123 DELIVERY Services. This license does not include any resale or commercial use of any 123 DELIVERY Service, or its contents; any collection and use of any product listings, descriptions, or prices associated with any good furnished or service provided by any participating retail merchant; any derivative use of any 123 DELIVERY Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or other service terms issued by 123 DELIVERY are reserved and retained by 123 DELIVERY or its licensors, suppliers, publishers, rights holders, or other content providers. No 123 DELIVERY Service, nor any part of any 123 DELIVERY Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 123 DELIVERY . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 123 DELIVERY without 123 DELIVERY express written consent. You may not use any meta tags or any other "hidden text" utilizing 123 DELIVERY name or trademarks without the express written consent of 123 DELIVERY
Equally important, all goods and services promoted by 123 DELIVERY and sold by participating retail merchants must be purchased, received and consumed responsibly. You may not misuse the 123 DELIVERY Services. You may use the 123 DELIVERY Services only as permitted by law. This includes the following specific responsibilities:
* You must be 21 year of age or older to use the 123 DELIVERY Alcohol Services, and you must be willing and able to certify that you are of legal age for the purpose of purchasing, receiving and consuming alcohol beverages; * You cannot furnish alcohol to minors or any other person prohibited by law from having or consuming alcohol beverage, i.e., anyone who is (i) under twenty-one years of age; (ii) visibly or obviously intoxicated at the time of delivery to you, or known by you to be a habitual drunkard; or (iii) otherwise legally ineligible to purchase or take possession of alcohol beverages; * You will provide a bona fide government-issued photo identification upon delivery of any products purchased from a participating retail merchant using the 123 DELIVERY Alcohol Services.
The licenses granted by 123 DELIVERY terminate if you do not comply with these Conditions of Use or any other service terms issued by 123 DELIVERY
Because 123 DELIVERY does not engage in the sale of alcohol beverages, all sales terms and conditions for products promoted through the 123 DELIVERY Alcohol Services are set and confirmed by the participating retail merchants selling those products. However, the following protocols apply to all sales facilitated by the 123 DELIVERY Alcohol Services: 1. The Customer purchasing the products offered through the 123 DELIVERY Alcohol Services must be the recipient to whom the duly licensed, participating retail merchant delivers those purchased products.
1. Each Customer purchasing alcohol beverages must provide the retail merchant's delivery agent with a government-issued photo identification confirming the recipient's age and identity upon delivery. This identification must be an original instrument, and not a copy, photo or facsimile of an identification document.
2. The name on the proffered identification must match the name on the credit card used by the Customer who purchased and paid for the order. There are no cash transactions for alcohol beverages.
3. If the Customer does not provide sufficient and valid identification to the delivery agent upon delivery (or if the identification is deemed by driver in his/her sole discretion, the expertise of which is acknowledged, to be fraudulent, false, or sufficiently in question to warrant rejection) or if the identification provided does not match the name on the credit card used by the purchaser to pay for the order, the Customer agrees that s/he will forfeit the order and the cost of the order will be paid to the participating retail merchant and/or the common carrier in consideration for the time and effort required to prepare, package, and transport the order to the Customer and back to the retailer. In such a case of an unverified or unverifiable identification, the Customer will not be entitled to any refund or return.
RISK OF LOSS
All items purchased using the 123 DELIVERY alcohol service are sold by a duly licensed, participating retail merchant, who is responsible for both the sale and delivery of the purchased products. When the participating retail merchant uses a common carrier to deliver products purchased by you through the 123 DELIVERY Alcohol Services, this means that the risk of loss and title for such items pass to you upon the retail merchant's delivery of those purchased products to the common carrier.
RETURNS, REFUNDS AND TITLE
123 DELIVERY at no time owns, sell, takes title to, or otherwise possesses any products sold to you by a participating retail merchant through your use of the 123 DELIVERY Alcohol Services. Consequently, any returns must be effected directly through and with the retail merchant who sold such items to you. At the participating retail merchant's sole discretion, a refund may be issued to you without requiring a return. For more information about our returns and refunds, please contact the specific retail merchant who sold the products for which you seek a refund or return.
123 DELIVERY attempts to be as accurate as possible. However, 123 DELIVERY does not warrant that product descriptions or other content of any 123 DELIVERY Alcohol Service is accurate, complete, reliable, current, or error-free. If a product promoted by 123 DELIVERY itself is not as described, your sole remedy is to return it in unused condition and on a timely basis to the retail merchant who sold it to you in accordance with that retail merchant's return/refund policy.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any 123 DELIVERY Alcohol Service represents the full retail price listed on the product itself plus 123 DELIVERY service fee (i.e., the amount charged and received by 123 DELIVERY in consideration for the informational, technological, and processing services provided to you the customer). We cannot confirm the price of an item until you order. Despite 123 DELIVERY best efforts, a small number of the items listed on our Website may be mis-priced relative to the participating retail merchant's actual pricing. If the correct price of an item featured by 123 DELIVERY is higher than our stated price, either 123 DELIVERY or the participating merchant retailer will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Duly licensed retail merchants and parties other than 123 DELIVERY operate stores, provide the services, or sell the products promoted on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. 123 DELIVERY is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these participating retail merchants, businesses or individuals, or the content of their respective Web sites. 123 DELIVERY does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the 123 DELIVERY Software, whether in whole or in part, or create any derivative works from or of the 123 DELIVERY Software.
WARRANTIES & LIMITATION
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE 123 DELIVERY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 123 DELIVERY ARE PROVIDED BY 123 DELIVERY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 123 DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF 123 DELIVERY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 123 DELIVERY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF 123 DELIVERY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 123 DELIVERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
123 DELIVERY DOES NOT WARRANT THAT THE 123 DELIVERY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE123 DELIVERY, 123 DELIVERY SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM 123 DELIVERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, AND AS CONSIDERATION FOR YOUR USE OF OUR WEBSITE AND 123 DELIVERY SERVICES, YOU EXPRESSLY AND AFFIRMATIVELY WAIVE ALL CLAIMS ASSERTING LIABILITY AGAINST 123 DELIVERY OR ENTITLEMENT TO DAMAGES FROM123 DELIVERY, SO THAT 123 DELIVERY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY 123 DELIVERY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY 123 DELIVERY SERVICE, INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold 123 DELIVERY and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Conditions of Use.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
NO WAIVER BY 123 DELIVERY
123 DELIVERY failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.