Terms of Service
LAST UPDATED OCTOBER1, 2021
CAREFULLY READ THE FOLLOWING TERMS OF SERVICE FOR USING OUR WEB SITE AND MOBILE APPS.
AGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using Moonshine LLC.’s 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 content or material to the App. 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 App, website, other products or Services.
Moonshine LLC. (“Moonshine”, “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 Moonshine account.
You acknowledge and agree that (i) this Agreement is concluded between you and Moonshine only, and not Apple or Google, and (ii) Moonshine, not Apple or Google, is solely responsible for the App, which is sourced through Apple’s App Store and Google’s Play store. Your use of the App must comply with the App Store and Play Store Terms of Service. You further agree that Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
By downloading this application, you are voluntarily agreeing to be bound by Moonshine’s Terms of Service. If you do not understand any portion of the Terms, you should not use Moonshine’s 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 MOONSHINE’S SERVICES
Moonshine grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the App, 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 Moonshine applications related to the Services on a mobile device that you own or control for your personal non-commercial use. Moonshine’s 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 Moonshine. All rights not expressly granted herein are reserved by Moonshine.
PROCESSING AND DELIVERY OF PRODUCTS
Moonshine provides a delivery service only, for local liquor stores (the “Retailers”), through which all orders and purchases are processed. Moonshine does not hold a license to sell alcohol, nor is it a licensed retailer. Moonshine possesses a delivery license (permit) to deliver alcohol on behalf of licensed retailers. 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 Moonshine, nor any officer, director, employee, shareholder or agent of Moonshine 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 App, 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.
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.
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. 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 the Retailers and a $20.00 restocking fee will be charged to User’s credit card and the original order balance will be returned to User.
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.
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, in order 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 or smartphone.
You understand and acknowledge that the App is an 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 Partner(s). Moonshine does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between Moonshine and any business or third party as a result of this License or use of the App or Services.
BUYING AND DELIVERY OF ALCOHOLIC BEVERAGES
All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor Moonshine sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the Moonshinems.com site or the APP are subject to acceptance and delivered by a licensed liquor retail store in the Moonshine network, and no order is deemed to be accepted by such licensed liquor store until the order is delivered by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the Moonshine.com site or the APP. Therefore, no contractual or other obligation to sell and deliver the bottle(s) ordered via the Moonshinems.com platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full. Similarly, in that situation, you will not be responsible for the payment, nor will Moonshine or the licensed retailer be responsible for providing any further compensation to you or any other party (other than the credit for the amount charged to your customer’s card).
Title to, and ownership of, all alcoholic beverages passes from the retailer to the purchaser at the store, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from that retailer to the state chosen by the purchaser. By arranging for transportation of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us or the retailer arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of Mississippi, and local municipality and any other State that apply to you and the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, spirits. Sales tax will be applied based on the seller’s location. Seller makes no representation as to the legal rights of anyone to deliver or import alcoholic beverages or other goods into any state. Buyer is solely responsible for the transport of alcohol and other goods purchased and for determining the legality and the tax/duty consequences of having the alcohol and other goods delivered to the applicable destination.
IF YOU DO NOT WISH US TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH, THEN DO NOT MAKE YOUR PURCHASE.
You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.
- Alcohol prices do not include delivery and handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options.
- No delivery will be made to PO Boxes, APO/FPO addresses, or internationally. Delivery fees are not refundable under any circumstances.
- There is an additional charge to re-route orders already in transit.
- Some items may be removed from their original packaging and placed in protective shipping containers to ensure safe delivery.
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 also agree that:
- you are fully able and legally competent to agree to the Terms;
- you will not impair or harm the App or Services or attempt to gain unauthorized access to the App in any way;
- your use of the App and/or Services is subject to all applicable local, state and federal laws and regulations and you will not use the App for any illegal purposes;
- you will not to use the App 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;
- Moonshine 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 Moonshine’s 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; 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 or exploiting any errors in the app or system to gain access to unintended benefits (abusing promo codes, referral programs, etc)
- you will not use the App to engage in commercial activities, aside from those sanctioned by Moonshine;
- you will not copy or distribute any content from the App;
- you will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, 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, App, or Services;
- you will not resell the use of the App or 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 Partner may decline your delivery request for any reason
Moonshine 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 Moonshine terminates them as follows: (a) You discontinue using the Services; or (b) Moonshine may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
All Moonshine logos, titles, characters and graphics are service marks, trademarks and/or trade dress of Moonshine and may not be used by you for any reason other than as expressly permitted by Moonshine. All other trademarks, not owned by Moonshine, that appear on the App 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.
B. PROPRIETARY RIGHTS
You acknowledge and agree that the App 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 Moonshine.
You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the App may not be sufficient or appropriate and in that event, Moonshine will be entitled to temporary and permanent injunctive relief to prohibit such use.
C. COPYRIGHT INFRINGEMENT POLICY
Moonshine 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, Moonshine 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:
TERMINATION AND MODIFICATIONS
Moonshine reserves the right to modify, suspend, or discontinue at any time, without notice, the App and/or Services offered on or through the App (or any part thereof), including but not limited to the App’s features, look and feel, and functional elements and related services.
Furthermore, Moonshine reserves the right to modify the Terms at any time. Modifications are effective upon your first access of the App or use of Services after the “Last Updated” date at the beginning of these Terms. Your use of the App and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall the App and discontinue any use of the Services.
The Terms and/or the License are effective until either the date you uninstall the App or you fail to comply with any term of these Terms or the License or Moonshine terminates this License, whichever is earliest. Upon termination, you will discontinue all use of the App and Services. Termination does not limit or waive any of Moonshine’s rights or remedies at law or in equity.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
This section intends to limit the liability of Moonshine LLC, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Moonshine 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 SERVICES OFFERED BY MOONSHINE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOONSHINE 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 MOONSHINE ENTITIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID MOONSHINE, 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 MOONSHINE 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 PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Moonshine 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. This defense and indemnification obligation will survive these Terms and your use of the Services.
The failure of Moonshine to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
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.
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 Mississippi, including consumer, civil and criminal laws of the State of Mississippi, without regard or application of an conflicts of law provisions of your state or country of residence.
This Site is created and controlled by Moonshine LLC in the State of Mississippi, U.S.A. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of Mississippi, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Moonshine makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with this Agreement, or services available on or through the Site must be filed in a federal or state court located in Mississippi. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
Moonshine accepts Visa, MasterCard, Discover and American Express Credit Cards. No cash payment is accepted on the website or on the App.