- AGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using Veltek, Inc., d/b/a CraftHounds’ 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 content or material to the Service. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the website, other products or Services.
Veltek, Inc. (“Veltek d/b/a CraftHounds”, “CraftHounds”, “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 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 frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your CraftHounds account.
By interacting with the website, you are voluntarily agreeing to be bound by CraftHounds’ Terms of Service. If you do not understand any portion of the Terms, you should not use CraftHounds’ 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.
- ACCESS TO CRAFTHOUNDS’ SERVICES.
CraftHounds grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services, subject to the Terms (“License”). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any CraftHounds applications related to the Services on a mobile device that you own or control for your personal non-commercial use. CraftHounds’ grant of the License does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms. Any unauthorized use terminates the License granted by CraftHounds. All rights not expressly granted herein are reserved by CraftHounds.
III. PROCESSING AND DELIVERY OF PRODUCTS
CraftHounds provides a delivery service only, for local liquor stores and breweries (the “Retailers”), through which all orders and purchases are processed. CraftHounds does not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items (“Products”), you are purchasing those items from a licensed retailer, and your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Retailers.
Neither CraftHounds, nor any officer, director, employee, shareholder or agent of CraftHounds shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery, product quality, and/or consumption of the alcoholic beverage or any consequences which may result thereof.
By completing an order through the Service, 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 intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older. By accepting these Terms & Conditions, you acknowledge that all order cancellations are subject to a $25.00 restocking fee.
All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.
At this time, valid forms of government issued identification include:
- A valid driver’s license issued by federal, state, county, or municipal government.
- A valid passport.
- A valid passport card.
- An identification card issued by the Armed Forces of the United States that contains the name, date of birth, description, and picture of the person.
If there is no individual who is 21 years of age or older or cannot 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. CraftHounds reserves the right to use available technology to verify the validity of the identification (e.g. ID Scanner). Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 5 or more minutes, or the Courier refuses to release the products for any reason, all Products will be removed from the order and returned to the Retailers and a $25.00 restocking fee will be charged to User’s credit card. If the products are sold by a bottle shop, then the original order balance for the products will be returned to User. If the products are sold by a brewery’s retail storefront/tasting room, no refunds will be given. User will still be responsible for the initial delivery fee charged by CraftHounds upon order placement, in addition to the restocking fee. If a product is not available in-store from the selected Merchant after a purchase has been submitted and processed, and User had selected to “Go With Merchant Recommendation” at the time of checkout, exchanges, returns, and/or refunds are not permitted. Exceptions will only be made on a case-by-case basis at the sole discretion of CraftHounds.
The Courier reserves the right to refuse to deliver Products for any reason. This reservation 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. Any Retailer reserves the right to not accept any order for any reason.
If you do not receive the product(s) listed on your order receipt, this must be expressed by you to the courier at time of delivery. By accepting the product(s) from the courier, you are agreeing that the product(s) is what you intended to receive. If the product(s) delivered do not match the product(s) in your order receipt, you are entitled to store credit valid at CraftHounds.com for the value of your purchase, or can request re-delivery at a designated time. If available refrigerated, products will be delivered as such, but you acknowledge that products may be delivered unrefrigerated in the event the selected merchant does not have the product(s) available refrigerated.
CraftHounds is not responsible for product quality. You have one (1) hour after receipt of delivery to make any disputes about the quality of the product (taste, color, damage, expiration, etc.). At that point, CraftHounds is no longer responsible for resolving disputes between yourself and the merchant. If you believe that there is an issue with the quality of product(s) received, send an email to firstname.lastname@example.org for assistance in resolving the issue.
- SERVICE USAGE
Your use of the 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, in order to install and use the Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the Services on your mobile device or smartphone.
You understand and acknowledge that the electronic platform for the purpose of connecting consumers to chosen Retailers to engage in the sale, service, delivery and/or transportation delivery of Products. All sales of Products are transacted between you and the Retailer(s).
CraftHounds does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between CraftHounds and any business or third party as a result of this License or use of the Services.
- 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 are fully able and legally competent to agree to the Terms;
You will not impair or harm the Services or attempt to gain unauthorized access to the Service in any way;
Your use of the Services is subject to all applicable local, state and federal laws and regulations and you will not use the Service for any illegal purposes;
You will not to use the Service to purchase alcohol unless you and the alcohol recipient are 21 years old or older and can provide a valid form of government issued identification and physical credit card (if requested), which verifies your age, at the time of delivery;
CraftHounds 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 CraftHounds’ Services to provide alcohol to an individual who is under the age of 21;
You will not access the Services, using the account information of someone other than you; without the express consent of the account holder;
You will not impersonate or misrepresent your affiliation with any person or entity;
You will not abuse the Service by creating multiple or duplicate accounts;
You will not use the Service to engage in commercial activities, aside from those sanctioned by CraftHounds;
You will not copy or distribute any content from the Service;
You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, or any of their Content;
You will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
You will not resell the use of the Services to a third party;
You will not encourage or enable any other individual to do any of the foregoing;
It is your responsibility to keep your account password and any identifying information, confidential;
Any Retailer may decline your order and subsequently delivery request for any reason
CraftHounds shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or CraftHounds terminates them as follows: (a) You discontinue using the Services; or (b) CraftHounds suspends or terminates your accounts or ceases providing you with all or part of the Services at any time for any reason.
VII. INTELLECTUAL PROPERTY
All CraftHounds logos, titles, characters and graphics are service marks, trademarks and/or trade dress of CraftHounds and may not be used by you for any reason other than as expressly permitted by CraftHounds. All other trademarks, not owned by CraftHounds, that appear on the Service 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 Service.
- Proprietary Rights
You acknowledge and agree that the Service contains proprietary information and content that is intellectual property, which is protected by the law and may not be used except as provided for by CraftHounds.
You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the Service may not be sufficient or appropriate and in that event, CraftHounds will be entitled to temporary and permanent injunctive relief to prohibit such use.
- Copyright Infringement Policy
CraftHounds abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, CraftHounds will also terminate a User’s account if the user is determined to be a repeat infringer.
If you believe that your content has been used in such a way that violates or infringes on your copyrighted content, you may notify us by contacting our designated agent:
1500 Lancaster Avenue
PO Box 30131
Wilmington, DE 19805
Any fees which CraftHounds may charge you for the Software or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.
CraftHounds reserves the right to determine final prevailing delivery pricing – please note the pricing information published on the website may not reflect the prevailing pricing. All product pricing (and applicable taxes) are solely determined by the Retailer.
In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or service fees and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to CraftHounds by you. Such communication may be made by CraftHounds or by anyone on its behalf, including but not limited to a third-party collection agent.
CraftHounds, at its sole discretion, makes promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your usage of the Services. CraftHounds may change the fees for our Service or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Software.
- TERMINATION AND MODIFICATIONS
CraftHounds reserves the right to modify, suspend, or discontinue at any time, without notice, the Services offered on or through the Service (or any part thereof), including but not limited to the Service’s features, look and feel, and functional elements and related services.
Furthermore, CraftHounds reserves the right to modify the Terms at any time. Modifications are effective upon your first access of the Service or use of Services after the “Last Updated” date at the beginning of these Terms. Your use of the Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should discontinue any use of the Services.
The Terms and/or the License are effective until the date you fail to comply with any term of these Terms or the License or CraftHounds terminates this License, whichever is earliest. Upon termination, you will discontinue all use of the Services. Termination does not limit or waive any of CraftHounds’ rights or remedies at law or in equity.
- DISCLAIMERS AND LIMITATION OF LIABILITY
This section intends to limit the liability of CraftHounds, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “CraftHounds 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.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AGREE THAT YOUR USE OF THE SERVICES OFFERED BY CRAFTHOUNDS SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CRAFTHOUNDS 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CRAFTHOUNDS ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID CRAFTHOUNDS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CRAFTHOUNDS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSETO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the CraftHounds Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term 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 Services caused damage to a third party. You also recognize that all sensitive payment information is processed, secured, and may be saved by a 3rd-party payment processing company for only your future engagements with CraftHounds. CraftHounds is not responsible or liable for this information. This defense and indemnification obligation will survive these Terms and your use of the Services.
CraftHounds’ failure to enforce any right or provision of these Terms shall not be deemed a waiver of 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 section titles in the Terms are for your 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.
- CONTROLLING LAW AND JURISDICTION
The Terms and any action, claims, dispute related to the Terms will be governed by the laws of the State of New York, including consumer, civil and criminal laws of the State of New York, without regard or application of a conflicts of law provisions of your state or country of residence.
You are agreeing to consent in advance to personal jurisdiction in the State of New York. Veltek, Inc. d/b/a CraftHounds is a Delaware-registered corporation with its main headquarters in Delaware. Any dispute that may arise in the future between yourself and CraftHounds will be subject to the laws of New York, including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download CraftHounds’ website, or any other services.
THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.