Terms of Sales
Welcome to the Liquoracks website. For the purposes of these Terms and Conditions, the Liquoracks websites include “Liquoracks.com,” as well as all other Internet sites affiliated with the corporate owner of Liquoracks.com (each a "Liquoracks Site"). Each Liquoracks Site is operated by Nigieria Beverage Venture and/or its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE LIQUORACKS SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SALES"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SALES, DO NOT ACCESS OR OTHERWISE USE THIS LIQUORACKS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE LIQUORACKS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SALES MAY BE UPDATED BY LIQUORACKS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE LIQUORACKS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SALES.
You agree not to do any of the following while using the Liquoracks Site:
• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of the Liquoracks Site or Liquoracks's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• Frame or link to the Liquoracks Site except as permitted in writing by Liquoracks.
The Sale of Alcoholic Beverages
All sales of alcoholic beverages and gifts are sold and fulfilled by a retailer, which is licensed in the state in which such retailer operates and which is legally permitted to deliver alcoholic beverages in the state of intended delivery. Neither Liquoracks nor its corporate affiliates are retailers, and all purchases and deliveries are subject to applicable law and, among other things, review and acceptance by the licensed retailer.
No alcoholic beverage order will be sold or delivered to any person under the age of 21 years of age, and by using this site and placing any delivery order, you represent and affirm that you are at least 21 years old.
Furthermore, by using this site you are representing and acknowledging that the person receiving a shipment of alcoholic beverages from Liquoracks is at least 21 years old. You also agree that any alcohol purchased from Liquoracks is intended for personal consumption (or the personal consumption of the intended gift recipient) occasion and celebration purposes and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Liquoracks will prosecute you fully to the extent allowable by law. Please note that Liquoracks and the licensed retailers that fulfill the orders placed on this site reserve all rights in the event that you violate any of the Terms and Conditions set forth herein, including, without limitation, pursuing legal action against any violators of Liquoracks’s terms and conditions with respect to the sale and delivery of alcoholic beverages.
Title and Ownership
Title to, and ownership of, all alcoholic products passes from the retailer to the purchaser at the time of purchase. By arranging for transportation of the products from retailers, Liquoracks is providing a service to, and acting on behalf of, the purchaser. By utilizing this service from Liquoracks, the purchaser is representing that he/she is acting in a fashion compliant with his/her state and local laws and regulations regarding the purchase, transportation and delivery of alcoholic beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly intermediaries where required, is legally entitled to take possession of the alcoholic beverages and is legally entitled to take quantities ordered and further represents that he or she is 21 years of age or older.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Liquoracks site by third parties (including, without limitation, information providers and customers) are those of the respective author(s) or distributor(s) and not of Liquoracks. Liquoracks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Liquoracks site by anyone other than authorized Liquoracks employees acting in their official capacities.
The Liquoracks site may contain links to other websites or resources. You acknowledge and agree that Liquoracks is not responsible or liable for
(1) the availability or accuracy of such websites or resources; or
(2) the content, advertising or products on or available from such websites or resources.
The inclusion of any link on the Liquoracks site does not imply that Liquoracks endorses the linked site.
Protection of Content Provided by Liquoracks and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Liquoracks site ("Site Content") are copyrighted materials owned by, Liquoracks and/or its affiliates. The Site Content may contain trademarks, service marks and trade names which are owned by Liquoracks and its affiliates and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any items described or included in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Liquoracks, its affiliates or third parties. "Liquoracks" is a trademark of Liquoracks. Unless authorized in writing by an authorized officer of Liquoracks, Liquoracks's trademarks may not be used in connection with any product or service that is not Liquoracks's. Without limiting any of the foregoing or any legal or equitable rights and remedies, you may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content, including, without limitation, the “Liquoracks” name and any other trade names, marks or other intellectual property owned by Liquoracks or its affiliates, in any way for any public or commercial purpose without prior written consent of Liquoracks or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Liquoracks Site. Moreover, Liquoracks reserves its rights to bring legal action and pursue monetary damages for any violation of its intellectual property rights. Nothing contained in the Liquoracks Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Liquoracks, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Liquoracks, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent for Notification of Claims of Infringement
Liquoracks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Liquoracks's Designated Agent the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Liquoracks will give you any necessary notices by posting them on the Liquoracks Site. You authorize Liquoracks to send notices via electronic mail as well if Liquoracks decides, in its sole discretion, to do so. You agree to check the Liquoracks Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Liquoracks Site.
Disclaimer of Warranties
ALTHOUGH LIQUORACKS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE LIQUORACKS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE LIQUORACKS SITE.
LIQUORACKS DOES NOT WARRANT THAT YOUR USE OF THE LIQUORACKS SITE, OR THE OPERATION OR FUNCTION OF THE LIQUORACKS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE LIQUORACKS SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE.
LIQUORACKS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE LIQUORACKS SITE.
THE LIQUORACKS SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
**IN NO EVENT SHALL LIQUORACKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR RESTITUTION DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LIQUORACKS SITE, THE USE OR PERFORMANCE OF THE LIQUORACKS SITE, THE DELAY OR INABILITY TO USE THE LIQUORACKS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LIQUORACKS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LIQUORACKS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIQUORACKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LIQUORACKS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIQUORACKS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS LIQUORACKS'S LIABILITY OR YOUR REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIQUORACKS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY THOUSAND NAIRA (N20,000). **