Acceptance of Terms.
- Processing and Delivery of Products
Company provides a delivery service only, for a local convenience store (the “Retailer”), through which all orders and purchases are processed. Company 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 and/or bank account will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Retailer.
Neither Company, nor any officer, director, employee, shareholder or agent of Company shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
By completing an order through the website, you agree that you are 18 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 18 years of age or older.
All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 18 years or older and can provide a valid form of government issued identification at the time of delivery.
If there is no individual who is 18 years of age or older or cannot provide a valid identification showing that he or she is 18 years of age or older, the delivery driver (the “Delivery Person”) will not complete delivery of the Products. Additionally, if the Delivery Person is unable to contact you or the account holder at the specified delivery address for five (5) or more minutes, all Products will be removed from the order and returned to the Retailer and the User will be charged the total amount of the order.
The Delivery Person reserves the right to refuse to deliver Products for any reason. This reservation of rights includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to deliver in a specific location for safety reasons. The Retailer reserves the right to not accept any order for any reason.
- Prohibited Activity.
The following activities are strictly prohibited:
- intentionally or unintentionally violate any applicable local, commonwealth, state, national or international law, including, but not limited to, regulations promulgated by the Commonwealth of Puerto Rico, the United States, including instrumentalities and other public corporations, including without limitation, the Copyright Act and Lanham Act, and any regulations having force of law;
- violating or attempting to violate, the security of this Site;
- use the Site and/or Services if you are not able to enter into a legally binding contract, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- use the Site to purchase alcohol unless you and the alcohol recipient are 18 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;
- transfer your account, User ID and password to another party without Company’s express written consent;
- access the Site, using the account information of someone other than you; without the express written consent of the account holder;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- impersonate any person or entity, including, but not limited to, a Company official, third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- logging into or attempting to log into a server or account that you are not authorized to access;
- accessing data or taking action to obtain data, information or services not intended for you or your use;
- attempting to test the vulnerability of any system or network;
- tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
- assist or permit any persons in engaging in any of the above described activities.
- Copyright, Trademark and Other Proprietary Rights.
Some or all of the material made available at the Site is protected by copyright. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company’s written consent, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the “home page”, must be obtained from Company. Requests for such authorization should be sent via email to: firstname.lastname@example.org
For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All Rights, including design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill is proprietary of Company.
In the event that you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Company. Company does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Company retains full and complete title to the Software, and all Rights therein. The Company software applications and the Content are licensed, not sold, to you, and Company and its licensors retain ownership of all copies of the Company software applications and Content even after installation on your personal computers, mobile handsets, tablets, and or other relevant devices (“Devices”). You may not redistribute, sell, decompile, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and upon giving Company prior written notice of such activities.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
You may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written consent of Company. The modification of any materials displayed on the Site is a violation of copyright and other Rights held and/or owned by Company, its licensors and/or other third parties.
Images of people or places displayed on the Site are either the property of, or used with permission by Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate rights, privacy and publicity laws, and communications regulations and statutes. Company neither warrants nor represents that your use of materials displayed on the Site shall not infringe rights of third parties not owned by or affiliated with Company.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy the Site; (ii) modify, translate or create derivative works based on the Site; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Site to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates the Site.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SITE, ITS CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Site is not intended for use in connection with any high risk or strict liability activity and the Site makes no warranty and shall have no liability in connection with the use of the Site in any such situations.
- Right to prosecute
You understand that Company 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 Company’s Services to provide alcohol to an individual who is under the age of 18.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Site, any content you supply to the Site, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(c) The postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. You are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 (“minor children”) through the Services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
- Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Company reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes shall be effective immediately. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be adopted without notice to you. You shall be able to review and print out the most current version of this Agreement at the time of your first log in after its adoption. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING COMPANY’S POSTING OF ANY CHANGES IS SUBJECT TO YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
- Limitation of Liability.
TO THE EXTENT PERMITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. COMPANY CANNOT CONTROL THE NATURE OF THE CONTENT AVAILABLE ON THE WEBSITE. BY OPERATING THE WEBSITE, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY ENDORSES ANY CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT COMPANY BELIEVES CONTRIBUTIONS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. USER’S USE OF AND RELIANCE THEREON ARE AT USER’S OWN AND SOLE RISK. COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, SHALL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COMPANY;
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Site may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY COMMONWEALTH, STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
- Jurisdictional Issues.
This Site is controlled and operated by Company from its offices within the Commonwealth of Puerto Rico. Company makes no representation that materials in the Site are appropriate or available for use in other locations. Access to this Site from jurisdictions where the content of this Site is illegal or penalized is prohibited.
- Choice of Law and Forum.
Company has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of the Site and/or the Services;
- Change, suspend, or discontinue all or any part of the Site and/or the Services;
- Refuse, move, or remove any material that you submit to the Site for any reason;
- Refuse, move, or remove any content that is available on the Site;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of the Site.
You agree that upon termination of this Agreement, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
You agree that upon termination you shall remain liable to Company for any and all obligations you may have incurred with Company.
You agree that Company shall not be liable to you or any third party for taking any of these actions.
Company’s failure to enforce the strict performance of any provision of this Agreement shall not constitute a waiver of Company’s right to subsequently enforce such provision or any other provisions of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Company may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Site.
For general questions regarding the Site, its Services, unauthorized transactions, or compromised user information you may contact:
Company is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Company and you.
You understand and agree that the Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You shall not be able to opt out of receiving these messages.
This Agreement is effective upon acceptance by you.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, storm, hurricane, natural disaster, act of God, war, terrorism, labor strike, or boycott, provided that the party invoking this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided; that in the event of a force majeure event, as described herein, extends for a period of time in excess of ten (10) days, Company may temporarily halt the Services provided under this Agreement, and shall have no liability therefore.
RONPON, LLC offers and expects to complete the delivery service within a period of one hour or less under normal conditions. Though greater efforts will be made to provide the delivery service within one hour or less, atypical situations and situations beyond our control, including but not limited to traffic congestion, weather conditions and business or orders more than usual, may cause unavoidable delays in the delivery time beyond one hour. In extreme situations where the delivery service would be unreasonably extended, RONPON, LLC reserves the right to inform the client at any moment during the process that the delivery service could not be provided or completed and to cancel the order. In such instance, the money will be credited to the client, with RONPON LLC having no further responsibility and no liability.
Version 1.0 March 2017
This policy only applies to the Site and people that RONPÓN employs or manages regarding the administration of the Site.
- Information Collection and Use
- RONPÓN collects personal information when you register with the Site, when you use the Services and when you visit the Site.
- When you register we may ask for information such as your name and address, home telephone number, business telephone number, mobile telephone number, and any other identifying information which may be required, by RONPÓN, from time to time. Once you register with the Site and sign in to our Services, you are not anonymous to us.
- RONPÓN may automatically receive and record information on our server logs from your browser, including your IP address, RONPÓN cookie information, and the page you request.
- RONPÓN uses information for the following general purposes: fulfill your requests, improve our Services and contact you.
2. How we use the information we collect
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
- to provide, personalize, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Service;
- to ensure technical functionality of the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
- to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;
- to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your RONPÓN account settings);
- to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for RONPÓN’s services;
- to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
- to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other RONPÓN users; and
- Information Sharing and Disclosure
- RONPÓN does not rent, sell, or share personal information about you with other people or non-government organizations except to provide the Services you’ve requested, when we have your permission, or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- RONPÓN may set and access RONPÓN cookies on your computer.
- RONPÓN may use web beacons to access RONPÓN cookies inside and outside our network of web sites and in connection with the Site’s Services.
- Confidentiality and Security
- We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide the Services to you or in order to do their jobs.
- We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
- RONPÓN may update this policy from time to time. RONPÓN may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Site.
Version 1.0 March 2017