ShakeStir LLC (referred to as “Cocktail Courier,” “we,” “us,” or “our”) welcomes you. We provide access to our Services subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You must be at least 21 years of age to use the Website and the Platform. By browsing the public areas of the Website or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website or the Platform.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
Cocktail Courier is a new concept in beverage alcohol delivery. Through our Platform, we offer multiple ordering and delivery options whereby you can order all the ingredients – both alcohol and non-alcohol – you need to make world class craft cocktails, in exactly the right proportions. We’ve designed our Services to teach you how to make both classic and modern cocktails, save prep time, and also reduce unnecessary waste. By providing a platform to purchase all the ingredients, we can save you the time and hassle of shopping and allow you to create great cocktails at home for better prices than you’d pay for a night out!
All alcohol sold on the Platform is sold by our network of licensed retail liquor stores that we connect you with (“Retail Licensees”). We work with a network of Retail Licensees who advertise their products on the Platform. When you select a cocktail on the website and put it in your cart, your order will be placed with with one of our Retail Licensees for any necessary distilled spirits and/or wine to make that cocktail. The Retail Licensee will have the opportunity to review and accept your order before your total order can be finalized. If the Retail Licensee rejects your order, your payment will be returned to you in full, for both the non-alcoholic components of the kit and the alcohol itself. Cocktail Courier does not sell any alcohol or take title to any alcohol at any time. Cocktail Courier is not affiliated with any Retail Licensees or any other entity licensed to produce or sell liquor in the United States.
We provide Visitors and Subscribers with access to our Website and Platform as described in this Agreement.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to view all publicly-accessible Content (as defined in Section 7).
Subscribers. Registration and login is required for all Subscribers. In addition to viewing all publicly-accessible Content, Subscribers can use our Platform to: (i) select the type of delivery option you want, the number of cocktail boxes to be delivered, and begin receiving our fresh ingredients and delicious recipes; (ii) be connected to a Retail Licensee who can accept and sell you the alcohol you need to make the cocktails in the recipes which you order; (iii) provide us feedback about each recipe in our individual recipe pages and upload content, including text and photos (collectively, “User Content”); (iv) sign up for alerts, other notifications, and our newsletter; and (v) sign up for our contests, promotions, and sweepstakes.
We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.
Cocktail Courier’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website or the Platform, you hereby agree to comply with these community rules and that:
You agree that Company has the right, but not the obligation, to monitor, moderate, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
During the registration process for Subscribers, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information and provide your date of birth. Each Sign-In Name and corresponding Password can be used by only one Subscriber. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Cocktail Courier will not be liable for any loss or damage caused by any unauthorized use of your account.
During the registration process for Subscribers, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information and provide your date of birth. Each Sign-In Name and corresponding Password can be used by only one Subscriber. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Cocktail Courier will not be liable for any loss or damage caused by any unauthorized use of your account.
Cocktail Courier and the Retail Licensees do not deliver to every location, so please check our map to see if our Services are available in your area. If we currently do not deliver to your area, but you would like us to, please let us know. We are expanding the reach of our Services, so we recommend that you create an account, and we will notify you when we launch in your zip code.
When you sign up to become a weekly, bi-monthly, or monthly Subscriber, your subscription will automatically renew until you cancel it. This means that you subscribe to order, pay for and receive shipments of cocktail boxes from Cocktail Courier and order, pay for and receive shipments of alcohol from Retail Licensees. You can skip an order and delivery or cancel your membership at any time. Please visit the “Subscriptions” section of the Website on instructions on how to do so. Please be aware, however, that because we and our Retail Licensees plan, purchase, and prepare our cocktails in advance, both the skipping service and cancellation request require advanced notice to Cocktail Courier, as set forth more specifically on the Website. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.
To provide flexibility to our valued customers, we offer different options as to when our Retail Licensees’ deliveries will arrive to you. Please visit the “Learn More” section of the Website on these options and how to change your selection. Each cocktail box is carefully packaged to stay fresh until at least 9pm on the day of delivery. However, to maintain the highest quality and integrity of the cocktail ingredients after delivery, we recommend that you immediately refrigerate the non-alcoholic items when you receive them. Furthermore, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition. If you are not home when a delivery arrives, the Retail Licensee’s delivery service will leave the package with an adult over 21 years of age with proper identification who is willing to accept the package on your behalf, unless you advise us that the package may only be accepted by you or a specific alternate recipient.
If you have requested the Retail Licensee’s delivery service to deliver only to you or certain other authorized recipients and no authorized recipient is available at the time of delivery, or if no recipient over 21 years of age with proper identification is available to accept the package on your behalf, the delivery service or Cocktail Courier will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If the delivery service or Cocktail Courier is unsuccessful at redelivery for any reason, your order will be returned to the Retail Licensee who sent the order and you will not be refunded. In such instance, if you would like your order to be resent to you, you will be required to place a new order and complete a new purchase for the same item(s).
Anyone over 21 years of age with proper identification at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the package under all of the same terms and conditions that would apply had you accepted the delivery yourself. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.
All of our cocktail boxes are backed by a 100% customer satisfaction guarantee. The guarantee applies only to the cocktail All of our cocktail boxes are backed by a 100% customer satisfaction guarantee. The guarantee applies only to the cocktail ingredients which you receive and not to any alcohol sold to you by a Retail Licensee. If you are dissatisfied with a cocktail for any reason, please contact us via the Services within seven (7) days after delivery, and we’ll either credit you for a new cocktail box at our expense or credit you the purchase price for the non-alcoholic components contained in your cocktail box. Alcohol purchased from Retail Licensees may not be returned, credited or refunded.
The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cocktail Courier and Retail Licensees (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Cocktail Courier (the “Cocktail Courier Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Cocktail Courier. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others, including the Retail Licensees (the “Third-Party Trademarks”, and, collectively with Cocktail Courier Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cocktail Courier Trademarks inures to our benefit.
Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Services provide Subscribers the ability to post and upload User Content to the Platform. You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT COCKTAIL COURIER, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM. You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as “private,” your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
Ownership of and licenses to User Content submitted in connection with a particular contest shall be governed by the contest rules applicable to that contest. In connection with any such contest, if there is a conflict between those contest rules and these Terms of Use, the contest rules shall govern.
If you submit User Content to us, each such submission constitutes a representation and warranty to Cocktail Courier that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Cocktail Courier and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines set forth above.
YOU, AND NOT COCKTAIL COURIER, ARE SOLELY RESPONSIBLE FOR THE PREPARATION AND STORAGE OF THE COCKTAIL INGREDIENTS INCLUDED IN EACH PACKAGE.
OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 6: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE COCKTAILS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE COCKTAILS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO COCKTAIL COURIER IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
COCKTAIL COURIER HAS MADE EVERY EFFORT TO DISPLAY THE COCKTAILS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL COCKTAILS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE COCKTAILS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL COCKTAIL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A COCKTAIL, SERVICE, OR PRODUCT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
