Please read these Terms & Conditions carefully. If you do not agree to any of these terms or conditions, please do not access Malawana Holdings Liquor website or use its Sevice.
SERVICE IS FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICE BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS & CONDITIONS. BY USING THIS SERVICE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE.
1. Service is an automated interactive computer service and an electronic communication service (“Service”) which is acting as an agent of retail beverage alliance (Principals) located in the jurisdiction from which the importation, transportation or other conduct to which this service applies originates, and in which advertising or marketing of any alcoholic liquors is lawful.
Service enables you to place orders for the purchase of alcoholic liquor, among other things. All orders placed through the Service are transmitted to a member of alliance (Principal) for review, acceptance and ultimate fulfillment. All sales consummated in the Principals’ licensed premises.
2. Fees and Charges. Service will include any delivery (shipping) charges, tax and other fees where applicable. You are responsible for any and all duties, taxes, levies or fees imposed by any authority on you by virtue of your transacting with Service or otherwise by using the Service.
3. Order Process. All orders placed through the Service are subject to product availability. All accepted orders will be prepared for pick-up, delivery, or shipping according to Delivery policy. Order becomes available for review only when ordering procedure is completed and you received a unique order confirmation number. Completion of an order doesn’t mean you made a purchase. Only accepted orders will be processed and your credit or debit card, or your bank account will be charged for the amount of order including all charges, fees and tax where applicable.
Sale transaction is complete when order is accepted and authorized funds are captured by Principal. Ownership of all alcoholic liquors is transferred to you and you own the product. Principal will attempt in no less than 48 hours, to pack and prepare your order for either pick-up or delivery, as indicated by you in your order.
The individual picking-up the order or accepting the order for delivery must provide a valid form of photo identification proving that he or she is at least 21 years old and sign for the order at the time of pick up or receipt of delivery. It is responsibility of Principal, their employees and agents to verify proof of identification for all instances where order is picked up from Principals’ premises.
It is responsibility of courier, express company or common carrier to verify such proof of identification in all instances where such delivery is taking place.
Any order, pick-up or or delivery may be declined for any reason by Principal its employee or agent, courier, express company or common carrier for any reason. If declining because requested item(s) or acceptable substitutions are not available Principal will issue you a full refund. If any order, pick-up or delivery is declined or cannot be completed for any other reason, you will be charged a non-refundable restocking fee of twenty dollars ($20.00) (“Restocking Fee”). Without limiting the foregoing,
THE RESTOCKING FEE WILL BE AUTOMATICALLY CHARGED TO YOU IF YOU, OR IF APPLICABLE THE ORDER RECIPIENT, FAILS TO PROVIDE ACCEPTABLE PROOF OF IDENTIFICATION AND AGE, OR IF PRINCIPAL, OR ITS EMPLOYEE OR AGENT, OR COURIER, EXPRESS COMPANY OR COMMON CARRIER DETERMINES THAT THE TRANSFER OF POSSESSION OF THE ITEMS IS OTHERWISE ILLEGAL, UNSAFE OR INAPPROPRIATE.
YOU AGREE THAT YOU MAY NOT PROVIDE ANY INFORMATION OF, OR USE THE SERVICE TO PLACE AN ORDER FOR PURCHASE OR PICK-UP oR SEND A DELIVERY OR SHIPMENT TO, ANY INDIVIDUAL UNDER 21 YEARS OF AGE. PRINCIPALS FOR OTHER REASONS MAY REQUEST YOU TO PROVIDE A VALID PROOF OF IDENTIFICATION PRIOR THEY ACCEPTS, PROCESSES OR RELEASE YOUR ORDER FOR DELIVERY.
All sales are consummated only in the Principals’ licensed premises and title to, and ownership of all ordered alcoholic liquors passes from Principal to you in its licensed premises and you assume all responsibility for the pick-up or delivery of your order.
By using pick-up or delivery services, you represent that you are of legal drinking age and you are in compliance with all applicable to you local and State laws related to the purchase, transportation, receipt and/or reporting of your order. You also represent that you are legally entitled to take possession of the order and you are legally entitled to take the quantities ordered if such quantities are over the Federal limit. You further represent that you are using Service for LAWFUL PURPOSES AND PLACE ORDERS FOR PERSONAL USE OR CONSUMPTION AND NOT FOR RE-SALE IN ANY FORM, except as permitted by law. You acknowledge that certain services may not be available to you due to local rules applicable to your location.
4. Prices, Availability and Errors. Prices and availability of product are different from the prices and availability of products in Principals’ stores. Prices and availability of products and services are subject to change without notice. All products listed are subject to availability at the time of an order is placed. Not any product is listed “IN STOCK” until the availability is confirmed by Wholesale Distributor.
Errors will be corrected where discovered and Principals have the right to refuse or cancel any order placed for any product or service listed at an incorrect price, rebate or refund or other promotional offer or contains any incorrect information or typographical errors. Principals will refuse or cancel any such order, whether or not the order is confirmed and/or your credit card is charged. Prices and products listed on thr Service’s web pages do not represent any prices, promotions or availability in any Principals’ stores.
5. Promotional Offers; Credits. Service may offer promotions and credits from time to time to customers, to the extent permissible under applicable laws. Depending upon where you are, you may or may not receive or be eligible to participate in these promotional offers and credits. If Service chooses to extend a promotion or credit to you, it will be issued by Service, unless otherwise specifically stated in the terms and conditions of such promotion or credit. Any such promotions and credits are non-transferable and may only be used in connection with the Service.
6. Software and Devices. You are responsible for all hardware, software and/or other equipment or services that you need to use this Service. WE DO NOT GUARANTEE THAT SERVICE CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SOFTWARE INSTALLED. WE DO NOT GUARANTEE THAT SERVICE WILL BE AVAILABLE IN, OR THAT ORDERS FOR ALCOHOLIC LIQUORS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION.
7. Acceptable Use and Restrictions. You agree to protect the Service, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Service or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing. You agree that: (i) you will not use the Service if you are not fully able and legally competent to agree to these Terms & Conditions; (ii) you will only use the Service for lawful purposes and you will not use the Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (iii) you will not use the Service to advertise, solicit or transmit commercial advertisements, including “spam”; (iv) you will not use the Service to cause nuisance, annoyance or inconvenience; (v) you will not impair the proper operation of the Service network; (vi) you will not try to harm the Service in any way whatsoever; (vii) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Service, or any part of the Website or content therein without written permission; (viii) you will only use Service for your own use, not for commercial use, and will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit Website in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use Website in any service bureau arrangement; (ix) you will not attempt to obtain any information or content from the Website using any robot, spider, scraper or other automated means for any purpose; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to Website; (xi) you will only use an access point or data account which you are authorized to use; (xii) you and any recipient of your orders will provide whatever proof of identity and age reasonably requested by Principals, their employees or agents; and (xii) you will not permit any third party to engage in any of the acts described in clauses (i) through (xi). You understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Website; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer Website, any portion of Website (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with Website); (y) use any means to discover the source code of the Website or to discover the trade secrets in the Website; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Website. Any attempt to do any of the foregoing is a violation of the rights of its licensors. If you breach these restrictions, you may be subject to prosecution and damages.
8. Objectionable Material. You understand that by using any part of the Website, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any part of the Website, you should cease using the Website.
9. Applicable Laws. The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms & Conditions. Your use of the Service of Website may also be subject to your local, State, national, or international laws. Service and its Principals make no representation as to any laws, rules or regulations of any foreign jurisdiction regarding the sale, transportation, shipment or delivery of alcoholic beverages. Service and its Principals shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in these Terms & Conditions or to comply with applicable laws. You agree to comply at your sole expense with all applicable to you laws and regulations. Principals explicitly reserve the right to refuse access to any portion of the Service or Website at any time without notice for your failure to abide by the terms as set forth in these Terms & Conditions or your failure to comply with applicable laws.
10. Indemnification. By entering into these Terms & Conditions and using any portion of the Website, you agree that you shall defend, indemnify and hold Principals, licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms & Conditions or any applicable law or regulation, (b) your violation of any rights of any third party, (c) your use or misuse of the Website, or (d) your negligence or willful misconduct.
12. Third Party Services and Materials. Certain services may display, include or make available content, data, information, applications, services or materials from third parties (“Third Party Services and Materials”) or provide links to certain third party web sites and apps. By using the Website, you acknowledge and agree that Liquor Barn is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, availability, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services and Materials, web sites or apps. Liquor Barn does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third Party Services and Materials. Third Party Services and Materials and links to other web sites are provided solely as a convenience to you.
13. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY CONTENT, INFORMATION, SERVICE, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SERVICES AND MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LIQUOR BARN OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIQUOR BARN MAKES NO REPRESENTATION OR WARRANTY AS TO YOUR LEGAL RIGHT TO PICK-UP OR HAVE ALCOHOLIC BEVERAGES TRANSPORTED TO YOU OR YOUR INTENDED RECIPIENT.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT PRINCIPALS WILL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND WEBSITE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS & CONDITIONS, THE DELIVERY, USE OR PERFORMANCE OF THE ORDERING SYSTEM AND WEBSITE, OR THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, SHIPMENT, DELIVERY OR CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE ORDERING SYSTEM AND WEBSITE INITIATED OR COMPLETED BETWEEN YOU AND LIQUOR BARN, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF LIQUOR BARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE ORDERING SYSTEM AND WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. If, for any reason, a court or arbitrary body finds Principals liable for damages notwithstanding the foregoing, in no event shall Principls’ total liability for all damages exceed the amount paid by you to Principal(s) for your use or receipt of the Service and Website. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
PRINCIPALS SHALL BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD” DURING TRANSPORTATION. WEATHER CONDITIONS MAY CHANGE AT ANY TIME, SO PRINCIPALS CANNOT ASSUME LIABILITY FOR DAMAGE CAUSED BY CHANGES IN WEATHER DURING TRANSPORTATION. “ACTS OF GOD” INCLUDE UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.
You agree that the above limitations of liability together with the other provisions in these Terms & Conditions that limit liability are essential terms of these Terms & Conditions and that Principals would not be willing to grant you the rights set forth in these Terms & Conditions but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Principals to grant you the rights set forth in these Terms & Conditions.
15. Ownership.(a) The Website and their content, including “look and feel” (e.g., text, graphics, images and logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Liquor Barn, Inc. and/or its licensors own all right, title and interest in and to the Website and their content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You shell not acquire any rights or licenses under any of Liquor Barn, Inc. (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms & Conditions.
(b) Any and all (i) suggestions for correction, change and modification to the Website and other feedback, information and reports provided to Principals by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements thereto, whether made, created or developed by Liquor Barn, Inc. or otherwise relating to the Website (collectively, “Revisions”), are and will remain the property of Liquor Barn, Inc. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Liquor Barn, Inc. and Liquor Barn, Inc. may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Liquor Barn, Inc. any and all right, title and interest that you may have in and to any and all Feedback and Revisions. At Principals’ request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
16. Modifications. Thee Terms & Conditions may be modified at any time. Modifications become effective immediately upon your first access to or use of the Website after the “Last Revised” date at the end of these Terms & Conditions. Your continued access or use of the Website after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms & Conditions. If you do not agree with the modifications, then please do not access or use the Service.
17. Termination. These Terms & Conditions are effective until you or Liquor Barn, Inc. terminates these Terms. Liquor Barn, Inc. may suspend or terminate your account(s) or cease providing you with all or any portion of the Website at any time for any reason, with or without notice to you. Upon termination, you will cease all use of the Website. Termination will not limit any of Malawana Holdings Liquor other rights or remedies at law or in equity. Sections 9-20 shall survive termination or expiration of these Terms & Conditions for any reason.
18. Injunctive Relief. You agree that a breach of these Terms & Conditions will cause irreparable injury to Malawana Holdings Liquor Inc. for which monetary damages would not be an adequate remedy and Liquor Barn, Inc shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
19. Dispute Resolution. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS & CONDITIONS, ORDERING SYSTEM OR THE WEBSITE SHELL BE RESOLVED BY ILLINOIS LAW AND CONTROLLING U.S. FEDERAL LAW, WITHOUT REGARD TO THE CHOICE OR CONFLICTS OF LAW PROVISIONS OF ANY FOREIGN JURISDICTION, will govern any action related to these Terms & Conditions and our agreement with you. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED IN THE COOK COUNTY, IN THE STATE OF ILLINOIS, FOR THE RESOLUTION OF ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS, OUR AGREEMENT WITH YOU AND/OR OF THE WEBSITE.
WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the Cook County of the State of Illinois for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. We also both agree that Liquor Barn may bring suit in court for injunctive relief to enjoin infringement or other misuse of intellectual property rights.
20. Miscellaneous. These Terms & Conditions may not be modified by you except by a writing executed by the duly-authorized representatives of Malawana Holdings Liquor. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms & Conditions and the rights granted under these Terms & Conditions may be assigned by Malawana Holdings Liquor but may not be assigned by you without the prior express written consent of Malawana Holdings Liquor. If any provision of these Terms & Conditions is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of these Terms & Conditions will be affected and the remaining provisions will continue to be enforceable and valid according to the terms of such provisions. It is expressly understood that in the event either party fails to perform any term of these Terms & Conditions and the other party does not enforce that term, the failure to enforce not constitute a waiver of any term. Nothing contained in these Terms & Conditions will be deemed to constitute either party as the agent or representative of the other party or both parties as joint ventures or partners for any purpose. No joint venture, partnership, employment, or agency relationship exists between Malawana Holdings Liquor and you or any third party as a result of these Terms & Conditions or your use of the Website. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms & Conditions due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. You and Malawana Holdings Liquor agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms & Conditions. The headings and captions contained in these Terms & Conditions will not be considered to be part of these Terms & Conditions but are for convenience only.
Any person who shall make any false statement or otherwise violates any of the provisions of these Terms & Conditions, misuse, misrepresent or by any means misinterpret any of the provisions of these Terms & Conditions with respect to the sale of alcoholic liquor, or with respect to the licensed to sell alcoholic beverages premises may be subject to prosecution and damages as described in the section 19 of these Terms & Conditions.
Any person, under the age of 21 years who, for the purpose of buying, accepting or receiving alcoholic liquor ordered through Website, represents that he is 21 years of age or over may be guilty of a Class A misdemeanor.
You may contact us regarding the Website or these Terms & Conditions at: Liquor Barn, Inc., 287 E. Dundee Rd., Wheeling IL 60090, or by email to: admin@malawanaholdings