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:
Disclaim purchases validly made through QuikLiq;
Violate any copyright, trademark or other notices from any portion of the service;
Pay or attempt to pay using a stolen and/or unauthorized payment card;
Decompile, reverse engineer or disassemble the service;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the service or unduly burdening or hindering the operation and/or functionality of any aspect of the service;
Attempt to gain unauthorized access to or impair any aspect of the service or its related systems or networks; or,
Violate the Computer Fraud and Abuse Act.
The service and all rights therein are and shall remain QuikLiq’s property or the property of 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 under 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 participate in 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 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 (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
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.
You will indemnify, defend, and hold harmless QuikLiq and its owners, affiliates, directors, officers, employees, assignees, and agents, from and against all third-party actions that: (i) arise from your activities on the QuikLiq application and/or through the QuikLiq service; (ii) assert a violation of law, code, treatise, regulation, statute, etc., by you, that involves your use of this service; or (iii) assert that any content you submitted to QuikLiq violates any law or infringes any third party right, including any intellectual property, trade secret, and/or privacy right.
You agree to pay all of QuikLiq’s legal costs and fees, including but not limited to, attorneys’ fees, settlement payments, damages, in defending QuikLiq against any legal action, legal claim, or lawsuit, arising from any activity from your profile/account, or personal actions associated with use of the service, whether done intentionally, unintentionally, or by negligence, including any of your posting, uploading, or input on the service, and any acts committed in person, in connection with the service.
Limitation of Liability
IN NO EVENT SHALL QUIKLIQ, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, BENEFICIARIES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
ERRORS, MISTAKES, MISREPRESENTATIONS, OR INACCURACIES OF CONTENT ON THE APPLICATION,
PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF QUIKLIQ’S SERVICES,
UNAUTHORIZED OR AUTHORIZED ACCESS TO, OR USE OF, THE SERVERS QUIKLIQ USES AND/OR ANY AND ALL PERSONAL, PROFESSIONAL, AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION, OF OUR SERVICES,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
ANY TORTIOUS OR CRIMINAL ACT BY A THIRD-PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT QUIKLIQ SHALL NOT BE LIABLE FOR OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, ENTITY, ORGANIZATION, INDIVIDUAL, AND/OR THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.
Users of QuikLiq are expected to obey and abide by all local, state, and federal laws in using the service.
Should any portion of this agreement be found invalid, unenforceable, or otherwise need to be severed, such invalidity, enforceability, or severance, will apply as narrowly as possible, to the specific section, paragraph, line, or word, and the remainder of the agreement and terms will remain in effect.
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 GetQuikLiq.com Website or 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 illegally intoxicated when receiving delivery of such products.
Delivery Fees: You agree to pay $7.50 delivery fee on all orders made during normal hours. You agree to pay a $15 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.