Terms of Service
(LAST UPDATED SEPTEMBER 8, 2020)
I. AGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing, or using mobile application (“the App”), website, or other products or services (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you agree to be bound by these Terms. The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses, or submits any information or material to the App or Services. Your access to and use of the Services are conditioned on you accepting and complying with these Terms. If you do not agree to be bound by these Terms, then you may not use the App or Services.
Tipsy Truck Delivery (“We”, or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the App and Services, or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to review these Terms to ensure you understand the terms and conditions that apply to your use of the App and Services. If you do not agree to the amended or updated Terms, you must stop using the App and Services and request the deletion of your account.
You acknowledge and agree that (i) this Agreement is concluded between you and Tipsy Truck Delivery only, and not Apple or Google, and (ii) Tipsy Truck Delivery, not Apple or Google, is solely responsible for the App, which is sourced through either the Apple App Store or Google Play Store. Your installation and use of the App must comply with the corresponding Terms of Service from those stores. You further agree that neither Apple, nor Google, has any obligation whatsoever to furnish any maintenance or support services with respect to the App.
By downloading, accessing, or using the App or Services, you are voluntarily agreeing to be bound by these Terms, as updated from time to time. If you do not understand any of these Terms, you shall not use the App or Services. You further confirm that you are 21 years of age or older and you will provide government issued photo identification and a physical credit card used to make the purchase (if requested) upon delivery, to verify your age and identity.
II. ACCESS TO SERVICES
Tipsy Truck Delivery grants you a non-transferable, non-exclusive limited license to access and make personal use of the App and Services, subject to these Terms (“License”). The License allows you to use the App and Services for your personal, non-commercial use. The License also allows you to download and install the App on a mobile device that you own or control for your personal, non-commercial use. The grant of the License herein does not permit you to duplicate, transfer, give access to, copy or distribute any part of the App or Services in any way, or use the App or Services in any manner not consistent with these Terms. Any unauthorized use terminates the License granted by Tipsy Truck Delivery under these Terms. All rights not expressly granted herein are reserved by Tipsy Truck Delivery.
III. PROCESSING AND DELIVERY OF PRODUCTS
Tipsy Truck Delivery provides retail and delivery services for alcoholic beverages and other items you purchase (“Products”). Tipsy Truck Delivery is licensed to sell alcohol, and it is a licensed retailer, under Oklahoma law.
Neither Tipsy Truck Delivery nor any officer, director, employee, shareholder or agent of Tipsy Truck 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 Products or any consequences which may result thereof.
By completing an order through the App or otherwise using the Services, you agree that you are 21 years of age or older, that you will be present to accept the delivery of the Products, and that you will not be intoxicated when receiving the Products. If you are sending the Products to someone as a gift, you agree that the recipient is an individual 21 years of age or older, and that the Products may not be delivered if such recipient either is not present or is intoxicated at the time of the delivery.
All deliveries including alcoholic beverages must be accepted by the account holder or an eligible recipient who is capable of proving that he or she is 21 years of age or older by providing a valid form of government issued identification at the time of delivery.
If there is no individual who is 21 years of age or older and who can provide valid identification showing that he or she is 21 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 5 or more minutes, all Products will be removed from the order and returned to Tipsy Truck Delivery. Additionally, a $15 restocking fee will be charged to User’s credit card and the original order balance, if any, will be returned to User.
Tipsy Truck Delivery and its agents, including the Courier, reserves the right to refuse to deliver Products for any reason. This includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Tipsy Truck Delivery reserves the right to reject or refuse to process any order for any reason.
IV. APP USAGE
Your use of the App and Services is subject to all applicable local, state, and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan, and software needed to install and use the App and Services. You are solely responsible for any fee, cost, or expense that you may incur, to download, install, and/or use the App or Services on your mobile device.
You understand and acknowledge that the App is an electronic platform for the purpose of connecting consumers to Tipsy Truck Delivery to engage in the sale, transportation, and delivery of Products and to otherwise use the Services. All sales of Products through the App or Services are transacted between you and Tipsy Truck Delivery.
V. BUYING AND DELIVERING ALCOHOLIC BEVERAGES
All alcohol sales are made through Tipsy Truck Delivery, a licensed alcohol retailer located in Tulsa, Oklahoma. Title to, and ownership of, all alcoholic beverages passes from Tipsy Truck Delivery to you in Oklahoma. Sales and other applicable taxes will be applied based on the location of [User or Tipsy Truck Delivery]. Tipsy Truck Delivery makes no representation as to the legal rights of anyone to deliver or import alcoholic beverages or other goods into any state other than Oklahoma. Buyer is solely responsible for the receipt, use, consumption, and/or disposition of alcohol and other goods purchased and for determining the legality and the tax consequences thereof.
Alcohol prices do not include delivery/handling charges, the cost of which varies depending on total dollar amount of Products ordered and delivery destination.
No deliveries will be made to PO Boxes, APO/FPO addresses, or outside of the delivery area established by Tipsy Truck Delivery. For your convenience, a map or description of the delivery area may be available from time to time on the website of Tipsy Truck Delivery. Delivery fees are not refundable under any circumstance and an additional charge of $10 per order will be added to re-route any order already in transit. A $20 fee will be charged to the customer when redelivery is necessary due to the customer or gift recipient not being home at selected time of delivery.
Some items may be removed from their original packaging and/or placed in other packaging based on the quantity ordered and/or to ensure safe delivery.
VI. ABILITY TO ACCEPT TERMS OF SERVICE AND USER CONDUCT
You affirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree that:
you will not impair or harm the App or Services or attempt to gain unauthorized access to the App or Services in any way;
your use of the App or Services is subject to all applicable local, state, and federal laws and regulations and you will not use the App or Services for any illegal purposes;
you will not use the App or Services to purchase alcohol unless you and the alcohol recipient are 21 years of age or older and can provide a valid form of government issued identification and physical credit card (if requested), which verifies your identity and age, at the time of delivery;
Tipsy Truck Delivery reserves the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use the Services to provide alcohol to an individual who is under the age of 21;
you will not access the App or Services using the account information of someone other than you;
you will not impersonate or misrepresent your affiliation with any person or entity;
you will not abuse the App or Services by creating multiple or duplicate accounts or exploiting any errors in the App or Services to gain access to unintended benefits (abusing promotional codes, referral programs, etc.);
you will not use the App or Services to engage in commercial activities, aside from those sanctioned by Tipsy Truck Delivery;
you will not copy or distribute any Content from the App or Services;
you will not attempt to decipher, decompile, disassemble, or reverse engineer the App or Services, in whole or in part, or any of the Content;
you will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the App or Services;
you will not resell the use of the App or Services to a third party;
you will not direct, induce, encourage, or enable any other individual to do any of the foregoing;
you will keep your account password and any identifying information confidential; and
Tipsy Truck Delivery and its agents, including the Courier, may decline your delivery request for any reason at any time, with or without notice.
Tipsy Truck Delivery shall not be liable for any loss or damage arising from the User’s failure to comply with these Terms or applicable laws. These Terms will continue to apply until you or Tipsy Truck Delivery terminates them, as follows: (a) you stop using the App or Services; or (b) Tipsy Truck Delivery suspends or terminates your account or stops providing you all or part of the App or Services at any time and for any reason.
VII. INTELLECTUAL PROPERTY
All Tipsy Truck Delivery logos, titles, characters and graphics are service marks, trademarks and/or trade dress of Tipsy Truck Delivery and may not be used by you for any reason other than as expressly permitted by Tipsy Truck Delivery. All other marks not owned by Tipsy Truck Delivery that appear on the App or Services are the property of their respective owners and you shall not obtain any ownership rights in such marks, logos or names by your use of the App or Services.
B. PROPRIETARY RIGHTS
You acknowledge and agree that the App and Services contain proprietary information and content that is intellectual property, which is protected by the law and may not be used except as permitted by Tipsy Truck Delivery.
You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the App or Services may not be sufficient or appropriate, and in that event Tipsy Truck Delivery will be entitled to temporary and permanent injunctive relief to prohibit such use.
C. COPYRIGHT INFRINGEMENT POLICY
Tipsy Truck Delivery abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you.
If you believe that your information has been used in such a way that violates or infringes on your rights, you may notify us through the contact page on our website.
Any fees that Tipsy Truck Delivery may charge you for the App or Services are due immediately and are non-refundable. Tipsy Truck Delivery, at its sole discretion, may offer promotions to any user(s) with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Tipsy Truck Delivery may change the fees for the App or Services without notice.
IX. TERMINATION AND MODIFICATIONS
Tipsy Truck Delivery reserves the right to modify, suspend, or discontinue at any time, without notice, the App or Services and/or services offered on or through the App or Services (or any part thereof), including but not limited to their features, look, feel, functional elements, and related services.
Furthermore, Tipsy Truck Delivery reserves the right to change these Terms, in whole or in part, at any time and for any reason. Modifications are effective upon accessing or using the App or Services for the first time after the “Last Updated” date at the beginning of these Terms. Your access to or use of the App or Services will be deemed to constitute your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall the App and stop any use of the Services.
These Terms and the License herein are effective until you uninstall the App and stop using the Services , you fail to comply with these Terms or the License, or Tipsy Truck Delivery terminates these Terms or the License, whichever is earliest. Upon termination, you shall stop all use of the App and Services. Termination does not limit or waive any rights or remedies at law or in equity of Tipsy Truck Delivery.
X. DISCLAIMERS AND LIMITATIONS OF LIABILITY
This section limits the liability of Tipsy Truck Delivery, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Tipsy Truck Delivery Entities”). The provision below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
YOU AGREE THAT YOUR USE OF THE APP AND SERVICES OFFERED BY TIPSY TRUCK DELIVERY SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TIPSY TRUCK DELIVERY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APP OR SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT TO OR THROUGH THE APP OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TIPSY TRUCK DELIVERY ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID TIPSY TRUCK DELIVERY, IF ANY, IN THE PAST SIX MONTHS.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE TIPSY TRUCK DELIVERY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A PROVISION SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE..
You agree to indemnify and hold harmless the Tipsy Truck Delivery Entities from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App or Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the App or Services caused damage to a third party. This indemnification obligation will survive these Terms and your use of the App or Services.
Any failure or delay by Tipsy Truck Delivery to enforce any right or provision of these Terms shall not be deemed to waive such right or provision.
In the event that any provision of these Terms is held to be void, invalid, unlawful or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
XIV. HEADINGS AND CONSTRUCTION
The headings in these Terms are for convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
XV. CONTROLLING LAW AND JURISDICTION
Oklahoma law will govern these Terms and all disputes arising out of or relating to these Terms and related services, including your use of the App or Services, regardless of conflict of laws rules. Any disputes shall be resolved through mediation and/or arbitration.
XVI. PAYMENT METHODS
Tipsy Truck Delivery accepts Visa, MasterCard, Discover and American Express Credit Cards, as well as PayPal, Apple Pay and Google Pay. No cash payment is accepted.