Terms of Service and Use
Last updated 10.29.2020
Terms of Service and Use
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF ALL SERVICES PROVIDED ON CASKCARTEL.COM.
ALL SALES ARE SOLICTED, OFFERED, ACCEPTED AND DELIVERED BY ALCOHOLIC BEVERAGE LICENSEES. CASKCARTEL.COM IS EXCLUSIVELY A MARKETING PLATFORM KNOWN BY DEFINITION AS A MARKETPLACE PORTAL.
- These Terms and Conditions are entered into by and between You and CaskCartel.com Marketplace ("Company," "we," or "us"). The following terms and conditions (these "Terms and Conditions") govern your access to and use of Caskcartel.com, including any content, functionality, and services offered on or through Caskcartel.com (the "Website"), whether as a guest or registered user.
- This Website is offered and available to users who are 21 years of age or older. By using this Website, you represent and warrant that: (i) you are 21 years old, (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (iii) the information you supply is true, correct and complete.
- We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
- We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
- The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
- The Company name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- You hereby acknowledge that you have a duty and are solely responsible for compliance with all state, federal and local laws, rules and regulations related to the sale of alcohol. Anyone under the age of 21 is strictly forbidden to order, purchase or accept delivery of alcohol listed on the Website. You represent that you may lawfully purchase and receive all products ordered in compliance with all applicable laws in the jurisdiction in which you reside, and that such products will be used only in a lawful manner.
- You hereby acknowledge that you have a duty and are solely responsible for compliance with all local, state, and federal laws, rules and regulations related to importing alcohol as a consumer.
- The Company relies upon a network of licensed independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services offered through the Website. You acknowledge and agree that the Company does not sell, offer to sell, invite to sell, ship or solicit any offers. IN ALL INSTANCES, SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is absolutely void where prohibited by law.
- By placing an order, you represent that you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you instruct it to be delivered. Sales by Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor.
- The Company and LISTED Vendors make no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
- All packages are shipped and guaranteed for delivery with a Cask Cartel.com Limited Liability Insurance Policy. The maximum aggregate liability coverage is $100 per shipment. In the event any order is greater than $100 please contact us for additional insurance options. Any packages that are refused or which cannot be delivered by common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.
- Customer shall indemnify and hold the Company harmless from any and all claims, including legal fees incurred in defending against said claims, from third parties arising out of the transmission of the package/mail sent by customer via common carrier from the licensed vendor. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
- In the event that a fulfillment retail partner cancels the order and the Company is unable to place it with another retailer, the Company reserves the right to outsource the order to a 3rd party concierge company. The 3rd party concierge service will search to find the missing item(s) and have them sent as directed. These transactions are fulfilled through third party concierge companies who are acting at your request. This is a courtesy service and there is no additional charge for this unless the third party concierge company cannot find the item for the listed item marketplace price.
- The Company has affiliated with third-party entities that may provide services to you on our behalf. You acknowledge and agree that such affiliates are authorized to provide services to you. When you use this Website, you acknowledge your purchase of a service or product that is provided by an outside Vendor. Your use of these services and products may be subject to separate terms between you and the company concerned. If so, these Terms and Conditions do not affect your legal relationship with these other vendors.
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT SHALL THE COMPANY OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS WEBSITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF THE COMPANY OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE WEBSITE;
- OUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
- YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
- ANY CHANGE MADE BY THE COMPANY TO OUR WEBSITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE FOREGOING LIMITATIONS MAY NOT APPLY TO USERS IN THOSE JURISDICTIONS.
- The Company shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure, meaning acts of God, fire, flood, or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions, ore restrictions of an governmental authority, or causes not within the reasonable control of the Company.
- The Website and its original content, features and functionality are and will remain the exclusive property of The Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
- Our Website may contain links to third party web sites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
- You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
- This website is managed by Mobile Webtec H-1062 Budapest, Andrássy út 79. Hungary. If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org
- These Terms and Conditions shall be governed and construed in accordance with the laws of the United States and Budapest or other Country residing within the European Union, without regard to its conflict of law provisions.
- Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or laws of country(s) residing within the European Union. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of any such rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding the Website and any services provided on or through the Website, and supersede and replace any prior agreements we might have had between us regarding same.
- Despite our best efforts, a small number of the items on our Website may be mispriced or out of stock. If an item's correct price is higher than the stated price, we will contact you for new instructions before shipping. If an item is found to be out of stock your order will be canceled and you will be notified accordingly.
Please drink responsibly!