XINA TERMS OF SERVICE (U.S.)
Your use of Xina, Xina Apps, Xina website and any related offerings (“Service”) is subject to these U.S. Terms of Service (“Terms”).
THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND XINA. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), YOU WILL BE REQUIRED TO USE BINDING ARBITRATION TO RESOLVE DISPUTES WITH XINA. PLEASE READ THESE TERMS CAREFULLY.
YOU MAY NOT USE THE SERVICES TO ORDER ALCOHOL, PICK-UP ALCOHOL, SEND FOR DELIVERY OF ALCOHOL OR OTHERWISE SEND OR RECEIVE ALCOHOL IF YOU ARE UNDER THE AGE OF 21 YEARS.
1. Shopping with Xina
Xina does not sell, offer to sell or solicit sales of alcohol. Xina enables you to search through its services for alcohol, food and other products (sometimes collectively referred herein as “products”) available for sale by licensed alcohol and food retailers that use Xina’s e-commerce service (“Retailers”). The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcoholic beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the Service shows you its availability, price and other information based on your location and information provided by the Retailers that service your location. Our services are limited to Retailers that provide us their information and contract with Xina via a separate agreement.
When you order, it is an offer to purchase from a Retailer. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Retailer at that time. The Retailer reviews your order and decides whether to accept it. If the Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment of food or beverages to your table. (See Section 4 for information about fees.)
Xina does not guarantee or warranty timing or quality of food, beverages or other products and is not liable for the actions, products, or content of Retailers.
2. Account Registration
You may register one account per person with Xina. The information you provide must be accurate and complete, and you must keep it current. Use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined. You are responsible for use of your account, so do not let anyone else use it. Keep your username and password confidential. If you suspect unauthorized activity notify Xina immediately.
If you wish to deactivate your account for any reason, send a request to Xina. If Xina wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you. Xina may, but is not obligated to, reactivate an account upon written request to Xina.
3. License and Access
We grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. You may use the Service only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Service or its contents; collect and use any product listings, descriptions, or prices; make any derivative use of the Service or its contents; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Service. This license will terminate if you do not comply with these Terms.
To the extent used by any US Government user, we license such Service to any US Government users as a “Commercial Item” as defined in 48 C.F.R. § 2.101), and the rights granted are the same as we grant to all others under these Terms.
4. Prices, taxes and fees
Retailers set the price of their products on Xina, and Retailers may charge you additional fees. Your order may be subject to tax. The amount of tax may depend on the products ordered, location, and the legal obligations of the Retailer.
When you use the Service, you may incur separate and additional charges by your wireless and internet provider(s).
5. Changes to orders
If you wish to change your order for any reason after it has been placed, you may contact the Retailer. While you may also contact Xina, Xina cannot guaranty a return. Returns are based upon the Retailer agreeing to refund money. If the return/refund is accepted, you will be responsible for any difference in charges and fees resulting from the change(s) that the Retailer has not agreed to refund.
6. ID verification; other safety checks
It is the responsibility of the Retailer and its agents, including the servers, bartenders and security staff they use to verify identification and age, to determine whether it is otherwise safe and appropriate to furnish you with alcohol. They may require a valid form of photo identification with birthdate and a second form of identification prior to serving you any alcoholic beverage. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 and order several drinks, but appear to be in the company of only 18 year olds), they may refuse to furnish you with alcohol.
Alcohol cannot be left unattended—someone 21 or older must be present to accept it. You will be responsible for payment of all food and beverages you order and to wait at the designated order delivery site you requested the food and beverage to be served. Food and non-alcoholic beverages may be left at the designated delivery location. Alcoholic beverages may be stored by the Retailer for your own pick-up if you are not at your delivery location.
If we believe that your order is fraudulent or unlawful, we may alert the Retailer and suspend your use of the Service.
7a. Retailer right to refuse, cancel and adjust orders
A Retailer may refuse, cancel or adjust your order for any reason. If the product you want is not available, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.
Some Retailers limit where they deliver (for example, some Retailers will not deliver to hotels and restaurants). If a Retailer policy prohibits delivery to your address, the Retailer will notify you, cancel your order and issue a refund.
Sometimes the law requires Retailers to limit the number or type of product(s) in your order. If this happens, the Retailer will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.
7b. Retailer right to refuse multiple delivery attempts and charge restocking and re-delivery fees
A Retailer and its agents may refuse to deliver your order if they believe that furnishing alcohol to you or the person accepting the delivery on your behalf is illegal, unsafe or inappropriate. Subsequent delivery attempts are at the discretion of the Retailer and subject to Xina suspending or terminating your account.
8. Errors
Sometimes product information—such as images, descriptions, availability, pricing and reviews—contain errors. If a Retailer identifies such an error in advance of delivery, they will notify you and either offer a reasonable substitute or refund your money. If you accept the product or substitute product, the order total will be maintained or adjusted accordingly.
If you receive a product that is not as described (or that you did not order), your sole remedy is to notify the Retailer and the Retailer will in its sole discretion issue you a refund if the product was not consumed in whole or in part or to offer you a substitute product. Any adjustment for the substitution is in the Retailer’s sole discretion. (See Section 10 for more information.)
9. Orders for Third Parties
If you are purchasing food or beverages for another person, you are responsible for all orders. Any refunds or exchanges will be made to you and not to the person you ordered for. All alcoholic beverages must be served to a person over the age of 21 regardless of whether you are over 21 years of age. You may not permit anyone under the age of 21 to consume any alcoholic beverages purchased through Xina or its services. Third parties receiving alcoholic beverages will be required to provide the Retailer or its agents an acceptable form of identification with age verification at the time of receipt. As with any order, a Retailer (or their delivery provider) may refuse or cancel an order or delivery for any reason (see Section 7).
10. Returns, refunds, and exchanges
Retailers and the laws in your state determine whether a return, refund or exchange is available to you. To the extent any law applies, such law will supersede a Retailer’s decision. To the extent a law does not apply, then the Retailer’s decision will apply.
11. Privacy and communications
Use of the Service is subject to our Privacy Policy. When you use the Service or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive electronic communications from us, and you agree that such electronic communications satisfy any legal requirement that a document be in writing. By providing us your mobile phone number, you consent to receive automated text messages. You may cease receiving automated text messages by contacting Xina in writing. You also consent to alerts being sent to your phone, which may be stopped through settings within your phone.
12. Promotional and referral codes
Your eligibility to use promotional or referral codes (or credits) depends on the laws in your state. The codes are non-transferable, and may be used only with the Service. Codes cannot be redeemed for cash, and expire in one year unless otherwise specified. Xina, in its sole discretion, decides whether to accept codes created by any third party. If you attempt to evade restrictions on code redemption, Xina may decline to redeem your code.
13. XINA ownership of the Service
Xina and its licensors own the Service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other US or international intellectual property rights therein. Xina is a trademark of Quartile 3 Robotics, LLC. All rights are reserved.
14. Content you provide
Xina may offer you an ability to post reviews, comments, photos, videos, and other content; send e-cards, gift cards and other communications; and submit suggestions, ideas, comments, questions, or other information, if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to us, others, our customers and does not contain software viruses, political campaigning, commercial solicitation, chain letters, defamatory remarks, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift or other content. We do not regularly review posted content, but we do reserve the right to remove or edit such content. We may use this content for any purpose, without restrictions, and without notice or compensation, and you grant us a perpetual, royalty-free, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name you submit in connection with such content. Xina is not responsible and is not undertaking a responsibility to view, monitor, delete or take any other action concerning the content you post or which may be published about you. Any such use of this service is as a forum as described in 47 USC 230. You are responsible for the content you post.
15. Third party offerings
Xina does not examine, warrant or endorse any third party sites and apps to which the Service links, and is not liable for your use of them.
16. Disclaimer of warranties
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XINA MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XINA OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ONLY TO THE EXTENT SUCH LAW IS APPLICABLE TO YOU BASED UPON YOUR JURISDICTION, SUCH EXCLUSIONS MAY NOT APPLY.
XINA MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE ITS SERVICE.
17. Limitation of liability
XINA IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. XINA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY RETAILER OR THEIR AGENTS OR EMPLOYEES, PROVIDER, ADVERTISER, OR OTHER USER OF THE SERVICE. NEITHER XINA NOR ANY RETAILER IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION, PANDEMIC, EPIDEMIC OR NATURAL DISASTERS.
If an arbitrator or a court finds Xina liable for damages notwithstanding the foregoing, Xina’s total liability for all damages shall not exceed the amount paid by you to Xina for your use of the Service.
18. Updates
We may update these Terms at any time. Updates are effective as of the “last updated” date at the end of these Terms. Your use of the Service after an update is your acceptance of the updated Terms. If any part of the Terms are found invalid, void, or unenforceable, that part shall be severed and not affect any remaining term or condition.
19a. Dispute resolution
UNLESS YOU OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED WITH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
To begin the dispute resolution process, notify Xina of your claim by sending an email to [email protected]. You must include: (a) a description of your claim or dispute; (b) the specific relief you want; and (c) your name, address and contact information; and (d) the subject line must state LEGAL ACTION in all caps. If the claim is not resolved within 30 days of your notice, you or Xina may begin formal arbitration. The notice set forth above is a condition precedent to bringing any action (whether court or arbitration) against Xina. Your claim shall be dismissed until such condition precedent has been met. If we intend to begin arbitration, we will notify you in writing using the contact information you provide.
The American Arbitration Association (“AAA”) will conduct the arbitration pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes, and these Terms. The AAA’s rules are available at https://www.adr.org/ or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA’s rules govern filing, administrative and arbitrator fees. Arbitration shall be held exclusively in Miami-Dade County, Florida.
19b. Opting Out of Arbitration
IF YOU DO NOT WANT TO USE ARBITRATION TO RESOLVE YOUR DISPUTES WITH XINA, NOTIFY XINA IN WRITING OF YOUR DESIRE TO OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO [email protected]. YOU MUST PROVIDE THIS NOTICE WITHIN 30 DAYS OF ACCEPTING THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE 30-DAY PERIOD, ARBITRATION WILL BE REQUIRED. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION CONTAINED IN THESE TERMS TO MAKE YOUR DECISION, AS IT IS NOT INTENDED TO PROVIDE A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.
20. Applicable Law
The laws of the Florida govern these Terms to the extent not preempted by The Federal Arbitration Act or other federal law. The state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited. No action shall be brought by you against Xina in any other jurisdiction or venue.
You must comply with any local, state or national laws applicable to your use of the Service, such as rules and regulations regarding the sale and service of alcoholic beverages in the jurisdiction you are located at the time of receiving and ordering any alcoholic beverages, whichever is more restrictive.
21. Communications Decency Act
Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.
21. Jury Waiver
To the extent you have opted out of arbitration consistent with and in accordance with this Agreement, you hereby waive any right or claim to a jury trial no matter the cause or claim.