PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND QUIKLIQ, INC (“QuikLiq”).
IF YOU ARE UNDER THE AGE OF 21, YOU ARE PROHIBITED FROM USING QUIKLIQ.
QuikLiq may amend the Terms from time to time. Amendments will be effective upon posting of such updated Terms. Your continued access or use of the service after such posting confirms your consent to be bound by the Terms, as amended. If you do not consent to the updated Terms, please refrain from continued use of the service.
No one under the age of 21 may use QuikLiq. Each user of the service must present a valid state issued identification in order to place and receive an order. By using the service, you are certifying and warranting that you are at least 21 years of age, and that your use of QuikLiq is for individuals at least 21 years of age as well.
In using QuikLiq, you will ensure the delivery drivers will have meet you in a safe, well lighted area. Failure to do so will jeopardize your order and continued usage of the service. You will also ensure to promptly meet your delivery drivers for pickup of the order upon their arrival. Excessive delays in meeting a delivery driver may incur additional charges.
Payment for QuikLiq is entirely online through the application, website, or call center. At no time will cash or any other method of payment be accepted. You are responsible for maintaining and providing a payment method that has sufficient funds for your order, and is authorized for such use. Any fraudulent payments, payment methods, or similar violations will be pursued to the fullest extent of the law.
In connection with your use of this service, you may not:
The service, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by QuikLiq or QuikLiq’s licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the service are reserved by QuikLiq or QuikLiq’s licensors. Neither these Terms nor your use of the service convey or grant to you any rights: (i) in or related to the service; or (ii) to use or reference in any manner, QuikLiq’s company names, logos, service names, trademarks or services marks or those of QuikLiq’s licensors.
Use of this service requires you register an account, and maintain a profile and payment information. Account registration requires you to submit to QuikLiq certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Failing to maintain accurate, complete, and up-to-date account information, including payment information, may result in your inability to access or use the service. You are responsible for all activity that occurs through your Account, and you agree to maintain the security and secrecy of your username and password at all times. You may not possess multiple accounts unless otherwise explicitly permitted by QuikLiq in writing.
Authorizations and Assignments
You may not authorize third parties to use your Account, and you may not allow persons under the age of 21 to utilize the service. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the service, and you may only access or use the service for lawful purposes. You may not use the service to cause nuisance, annoyance, inconvenience, trespass, or damage property.
Representations and Warranties
QuikLiq makes no representations or warranties on the merchantability of any products ordered through this service. All products are provided as is. Any issue, claim, dispute, regarding the products provided are to be addressed to the manufacturer, distributor, or retailer, in the supply chain, but never with QuikLiq.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user content that you provide or you have all rights, licenses, consents and releases necessary to grant QuikLiq the license to the user content as set forth above; (ii) neither the user content, nor your submission, uploading, publishing or otherwise making available of such user content, nor QuikLiq's use of the user content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) you will not use QuikLiq for an illegal, immoral, or unauthorized purpose; (iv) you will pay for all legitimately ordered purchases through QuikLiq; (v) you are of legal age in your state to use QuikLiq and consume alcohol.
QuikLiq is committed to maintaining a civil and respectful community, and does not tolerate inappropriate content or misconduct. Communications between user and QuikLiq, including QuikLiq’s agents, affiliates, representatives, or partners (drivers, call center representatives, etc.), must not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Conflict of Laws
QuikLiq is operated within the United States of America, and makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
By using QuikLiq, you agree that the laws of the state of Florida will govern these conditions of use and any dispute of any sort that might arise between you and QuikLiq, without regard to principles of conflict of laws.
All transactions are processed by a third-party payment processor, Authorized.Net. Information collected directly by Authorized.Net, including your full payment card information, is governed by rigorous data protection standards that apply to the payment card industry.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless QuikLiq and its owners, affiliates, directors, officers, employees, assignees, partners, representatives, and agents (individually and collectively, the “QuikLiq Parties”), from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the QuikLiq mobile application, website, and/or through the QuikLiq service as a whole; (ii) your user content or feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the service.
You agree to promptly notify QuikLiq Parties of any third-party claims, cooperate with QuikLiq Parties in defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the QuikLiq Parties will have control of the defense or settlement, at QuikLiq's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and QuikLiq or the other QuikLiq Parties
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUIKLIQ AND OTHER QUIKLIQ PARTIES, WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE--FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF QUIKLIQ OR THE OTHER QUIKLIQ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF QUIKLIQ AND OTHER QUIKLIQ PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, IN LIMITED TO THE GREATER OR $100 OR THE AMOUNT PAID BY YOU TO USE THE SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of QuikLiq or the other QuikLiq Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
If any portion or part of a provision of these Terms is unlawful, void, or unenforceable, or otherwise need to be severed, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Ability to Accept Terms
You affirm that you are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by, and comply with these Terms of Service, and the Community Guidelines.
These Terms of Service, and any responsibilities, and obligations hereunder, may not be transferred or assigned by you, but may be assigned by QuikLiq without restriction.
The services are provided "as is" and "as available." QuikLiq disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, QuikLiq makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the service, or that the service will be uninterrupted or error-free. QuikLiq does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the service, remains solely with you, to the maximum extent permitted under applicable law.
By completing an order through the QuikLiq website or mobile app, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products.
Delivery Fees: You agree to pay all delivery fees on all orders made during normal hours, and the surcharge delivery fee for all orders made during late-night hours.
Order Cancellation: You agree to pay a 30% cancellation fee based on the total bill amount for all unsuccessful orders due to improper identification, no show / no answer at the registered address, or if you are too intoxicated to receive the delivery. Additionally, if the order has already been dispatched, you will pay the aforementioned fee if you cancel the order for any reason.
By creating a profile, you are providing QuikLiq with your name and email address. QuikLiq will keep your name, age, and email address in its database until it determines, in its sole discretion, when deletion is proper. In addition, any other personal data that a user provides to update their profile will also be stored on a QuikLiq database. QuikLiq collects all the information that the user provides via the profile, including name, occupation, email address, phone number, personal websites, etc. That information is shared with the host server database where it is stored indefinitely for use to optimize user experience.
QuikLiq, through a third-party provider – Authorized.Net – collects names, email addresses, phone numbers, credit card information, provided by the user, and stores in its database, hosted by third-party provider.
§18 U.S.C. 1030 – Computer Fraud and Abuse Act
QUIKLIQ, and its contents, are protected by §18 U.S.C. 1030 – Computer Fraud and Abuse Act (CFAA). QUIKLIQ will seek any and all remedies under the CFAA against any unauthorized users of the application or its contents. QUIKLIQ takes privacy very seriously, and any attempt made to access unauthorized material, or to gain access without authority, will result in QUIKLIQ taking any and all legal remedies, including disclosing information to both the local and federal authorities.