Terms of Service
Effective March 1, 2018
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEB SITE, OUR ANDROID OR OUR IOS APPLICATION (collectively, our “Site”).
I. Applicability & Acceptance of These Terms of Service
II. Processing Information
Minibar Delivery provides a market service, and a market service only, for our liquor store partners (each, a “Delivery Agent”), through which all orders and purchases are processed. At time of purchase, your credit card will be charged by a third party credit card processing provider who will transfer and deliver funds to the Delivery Agent. All credit card transactions will be listed as MINIBAR DELIVERY.
In processing any alcoholic beverage order(s), neither Minibar Delivery nor any officer, director, employee, shareholder or agent of Minibar Delivery shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
User shall indemnify and hold harmless Minibar Delivery and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, delivery agents, merchants, or licensors (collectively, “Minibar Delivery Parties”) from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys’ fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to User’s improper or illegal: (a) processing of the alcoholic beverage order; (b) purchase of the alcoholic beverage(s); (c) receipt of delivery of the alcoholic beverage(s); or (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.
III. Alcohol Delivery Rules and Restrictions
PURCHASE OF ALCOHOLIC BEVERAGES.
By completing a purchase through the Site, the User agrees that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages.
All deliveries of alcoholic beverages MUST be signed for by an individual capable of proving he or she is 21 years of age or older. The order signee must provide a valid form of photo identification at time of delivery.
Alcoholic beverage delivery can be accepted by a building attendant (doorman). Building attendants accepting delivery in this way must be at least 21 years of age and must sign for and take charge of the delivery contents immediately.
Alcoholic beverages cannot be dropped off or left unattended for any reason. If a building attendant has signed for alcoholic beverages, the Delivery Agent must leave those beverages with the building attendant.
If no person at the delivery address is at least 21 years of age and/or cannot provide valid photo identification of his or her age, the Delivery Agent will not render services. All products will be cleared from the order and returned to their local vendor(s), and a $20 return-delivery fee will be charged to the User’s credit card account. No refunds will be issued under this circumstance.
The Delivery Agent reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons.
DELIVERY OF PRODUCTS.
The Delivery Agent will make every attempt to complete the User’s order in one delivery, but please note large orders may have to be completed in multiple deliveries.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to extend the sixty minute delivery window for the Minibar Delivery Service. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. The Delivery Agent will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.
In an effort to meet the committed delivery time for all our customers, the Delivery Agent is not required to wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for and you can always find a copy in the Account Info section of the Site. If something is missing from your order, please call (855) 487-0740.
Delivery fees may vary based on delivery address. All delivery fees are inclusive of applicable taxes.
ORDER CANCELLATION AND REFUNDS.
If an order needs to be canceled, please call our customer service team at (855) 487-0740 immediately. Please note: orders are processed for delivery as soon as possible to meet Minibar Delivery’s 60 minute delivery window. Due to these circumstances, neither Minibar Delivery nor the Delivery Agent can guarantee the availability of changes or cancellation to any order once it has been placed. Cancelled orders may be subject to a $20 delivery and restocking fee. Neither Minibar Delivery nor the Delivery Agent, will make any refunds or exchanges for orders that were delivered and signed for.
The state of Virginia mandates that no more than four cases of wine nor more than four cases of beer may be delivered at one time to any person in Virginia.
IV. Government Warning
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of twenty-one years; or any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.
V. User License
SCOPE. Minibar Delivery grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download, email, share via social networking or print individual pages from the Site in accordance with this Agreement and solely for the purpose of placing an order with Minibar Delivery and for your personal and non-commercial use of the Minibar Delivery Service, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not misuse the Minibar Delivery Service. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by Minibar Delivery, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Minibar Delivery. You may like or follow Minibar Delivery or share links to the Site via social networking technology referenced on the Site. The licenses granted by Minibar Delivery terminate if you do not comply with this Agreement. Minibar Delivery reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
USER CONDUCT. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable material;
- not to use the Site to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
- by using this site, the User swears and affirms that he or she is over the age of 21. Minibar Delivery reserves the right to prosecute to the fullest extent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use Minibar Delivery to provide alcohol to a person under the age of 21. Minibar Delivery makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21.
- not to access the Site or services using a third-party’s account/registration without the express consent of the account holder;
- not to use the Site for illegal purposes;
- not to commit any acts of infringement on the Site or with respect to content on the Site;
- not to use the Site to engage in commercial activities apart from sanctioned use of Minibar Delivery services;
- not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;
- not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
- not to copy, publish, advertise or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers. We retain the right to deactivate or invalidate any promo code at any time in our discretion;
- not to attempt to gain unauthorized access to other computer systems from or through the Site;
- not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).
HARM FROM COMMERCIAL USE. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Minibar Delivery will be entitled to temporary and permanent injunctive relief to prohibit such use.
PROPRIETARY RIGHTS. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of Minibar Delivery. All Site content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to, Minibar Delivery.
VI. Termination and Modifications to the Site
Minibar Delivery reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’ features, look and feel, and functional elements and related services.
VII. Access to the Minibar Service
You acknowledge that from time to time the Minibar Delivery Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs with Minibar Delivery may undertake from time to time; or (iii) causes beyond the control of Minibar Delivery or which are not reasonably foreseeable by Minibar Delivery.
VIII. Warranty Disclaimer; Limitation of Liability; Indemnification
THE MINIBAR DELIVERY SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. MINIBAR DELIVERY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE MINIBAR DELIVERY SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MINIBAR DELIVERY SERVICE.
MINIBAR DELIVERY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. MINIBAR DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE MINIBAR DELIVERY SERVICES. MINIBAR DELIVERY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, MINIBAR DELIVERY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, DELIVERY AGENTS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “MINIBAR DELIVERY PARTIES”) (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE MINIBAR DELIVERY SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE MINIBAR DELIVERY SERVICE, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE OR THE MINIBAR DELIVERY SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
MINIBAR DELIVERY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
The material in the Site is provided for lawful purposes only. Minibar Delivery operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold Minibar Delivery Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
IX. Your account, password, and security
Use of Site services requires that you register and/or create an account (“Account”) or use the Site as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Site’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Minibar Delivery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Minibar Delivery has the right to refuse any and all current or future use of the Site (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Minibar Delivery of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Minibar Delivery will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services from businesses that are not owned or operated by Minibar Delivery. Minibar Delivery has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Minibar Delivery makes no representations or warranties of any kind, express or implied, regarding such products, information or services received from such third-party websites. References to products or services within any such third-party website pages do not constitute or imply an endorsement by Minibar Delivery.
“Minibar Delivery”, all Minibar Delivery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Minibar Delivery or otherwise proprietary to Minibar Delivery and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by Minibar Delivery (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Minibar Delivery or its affiliates and you do not acquire any ownership rights in such marks, logos or names by using this Site of the Minibar Delivery Service.
These services are not affiliated with the MINIBAR restaurant or Jose Andres.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
XIII. Jurisdiction, Applicable Law, and Limitations
This Site is created and controlled by Minibar Delivery in the State of New York, U.S.A. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Minibar Delivery makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with this Agreement, or services available on or through the Site must be filed in a federal or state court located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
NO WAIVER. The failure of Minibar Delivery to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
HEADINGS & CONSTRUCTION. The section titles in the Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
CONTACT MINIBAR DELIVERY. For purposes of providing notice of cancellation or termination of an account, contact us at: (855) 487-0740.