LAST UPDATED 15 TH MARCH 2024
I. AGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using Sozzled Pvt Ltd.’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.
Sozzled Pvt Ltd. (“Sozzled”, “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 Sozzled account.
You acknowledge and agree that (i) this Agreement is concluded between you and Sozzled only, and not Apple, and (ii) Sozzled, not Apple, is solely responsible for the App, which is sourced through Apple’s App Store. Your use of the App must comply with the App Store Terms of Service. You further agree that Apple 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 Sozzled’s Terms of Service. If you do not understand any portion of the Terms, you should not use Sozzled’s Services. You further confirm that you meet the Statutory Age for Purchase or Consumption of Alcohol as defined by the applicable State Excise Law where the items/products are being purchased 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.
II. ACCESS TO Sozzled’S SERVICES
Sozzled 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 Sozzled applications related to the Services on a mobile device that you own or control for your personal non-commercial use. Sozzled’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 Sozzled. All rights not expressly granted herein are reserved by Sozzled.
III. PROCESSING AND DELIVERY OF PRODUCTS
Sozzled provides a platform for local liquor stores (the “Retailers”), through which all orders and purchases are processed by the consumers. Sozzled 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 Sozzled, nor any officer, director, employee, shareholder or agent of Sozzled 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 Sozzled, you agree that you are of the Statutory Age for Purchase or Consumption of Alcohol as defined by the applicable State Excise Law where the items/products are being purchased. You also agree that you will be present to accept the delivery of alcoholic beverages and 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 of the Statutory Age for Purchase or Consumption of Alcohol or older.
All deliveries, including alcoholic beverages, must be accepted by the account holder, who is capable of proving that he or she is of the Statutory Age for Purchase or Consumption of Alcohol or older and can provide a valid form of government-issued identification at the time of delivery.
If there is no individual who is of the Statutory Age for Purchase or Consumption of Alcohol or older, or cannot provide valid identification showing that he or she is of the Statutory Age for Purchase or Consumption of Alcohol or older, the delivery partner (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 ₹ 149 restocking fee will be charged to the User’s credit card and the remaining order balance will be returned to the 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.
IV. APP USAGE
Your use of the App and Services is subject to all applicable local, state and constitutional 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). Sozzled does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between Sozzled and any business or third party as a result of this License or use of the App or Services.
V. SOZZLED ELITE
Sozzled Elite is an optional subscription-based membership program that offers unlimited delivery without an added delivery fee and a discount on pricing throughout the platform for a term-based subscription fee. If you choose to sign up for Sozzled Elite, we will bill you the applicable fee after your free trial period has expired. If you choose not to renew Sozzled Elite before the trial period has expired, we will not charge you. You may choose not to renew your Sozzled Elite membership at any time from the Account Info page. If you want to cancel an active Sozzled Elite membership, you can contact us at support@Sozzled.in
We may change the fee charged for Sozzled Elite at any time, but any such fee change will not apply to current Sozzled Elite members until such time as your current membership expires and your membership is renewed for another term.
We may change other terms or conditions applicable to Sozzled Elite from time to time. Any new or renewed Sozzled Elite memberships will be subject to the terms and conditions active at that time and displayed when you sign up for Sozzled Elite. We may also make such changes with respect to current Sozzled Elite memberships. In that case, we will provide you with notice by email of the changes and when those changes take effect.
VI. BUYING AND SHIPPING ALCOHOLIC BEVERAGES
All alcohol sales are made by a licensed alcohol retailer located anywhere in India and ownership of, all alcoholic beverages passes from seller to buyer anywhere in India , and buyer takes all responsibility for the alcohol being transported from anywhere in India to the buyer’s selected destination depending on coverage of the delivery boundaries defined by Sozzled Pvt Ltd. By placing an order, buyer authorizes seller to act on buyer’s behalf in arranging for transportation of the alcohol at the buyer’s direction. 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.
Alcohol prices do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options.
No shipments will be made to PO Boxes, or internationally. Service Fees and Delivery fees are not refundable under any circumstances.
There is an additional charge to re-route orders already in transit subjected to the coverage of the area of delivery and consent of the same is to be deemed per order basis.
VIII. ABILITY TO ACCEPT TERMS OF SERVICE AND USER CONDUCT
You affirm that you are meet the Statutory Age for Purchase or Consumption of Alcohol as defined by the applicable State Excise Law where the items/products are being purchase or consumption 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 and state excise 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 meets
the Statutory Age for Purchase or Consumption of Alcohol as defined by the applicable
State Excise Law where the items/products are being purchased or consumed 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;
• Sozzled 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 Sozzled’s
Services to provide alcohol to an individual who does not meet the Statutory Age for
Purchase or Consumption of Alcohol as defined by the applicable State Excise Law
where the items/products are being purchased;
• 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 Sozzled;
• 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
Sozzled 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 Sozzled terminates them as follows: (a) You discontinue using the Services; or (b) Sozzled may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
IX. INTELLECTUAL PROPERTY
A. TRADEMARKS
All Sozzled logos, titles, characters and graphics are service marks, trademarks and/or trade dress of Sozzled and may not be used by you for any reason other than as expressly permitted by Sozzled. All other trademarks, not owned by Sozzled, 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
Sozzled.
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, Sozzled will be entitled to temporary and permanent injunctive relief to
prohibit such use.
C. COPYRIGHT INFRINGEMENT POLICY
Sozzled 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, Sozzled 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:
Sozzled Pvt Ltd.
c/o Sudeepto Roy
SantoshiMaya Road, Nr. Holy Cross School
Kalyan West, Kalyan, Maharashtra, India - 421301
X. FEES
Any fees that Sozzled may charge you for the App or Services, are due immediately and are non-refundable. Sozzled, at its sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Sozzled may change the fees for the Services or the App without notice.
XI. TERMINATION AND MODIFICATIONS
Sozzled 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, Sozzled 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 Sozzled 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 Sozzled’s rights or remedies at law or in equity.
XII. DISCLAIMERS AND LIMITATIONS OF LIABILITY
This section intends to limit the liability of Sozzled, its subsidiaries, affiliates, related
companies, officers, directors, employees, agents, representatives, partners, and licensors
(collectively, the “Sozzled 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 SOZZLED SHALL BE
AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOZZLED 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.
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
SOZZLED 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.
XIII. INDEMNITY
You agree to defend, indemnify and hold harmless the Sozzled 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.
XIV. WAIVER
Sozzled’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
XV. SEVERABILITY
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.
XVI. 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.
XVII. 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 Anywhere in India , including consumer, civil and criminal laws of the State of Anywhere in India , without regard or application of an conflicts of law provisions of your state or country of residence.
You are agreeing to consent in advance to personal jurisdiction of the respective State Excise Law of India, depending from where the services are being acquired. Sozzled Pvt Ltd. is a India -registered corporation with its main headquarters in Kalyan, Maharashtra. Any dispute that may arise in the future between yourself and Sozzled Pvt Ltd. will be subject to the respective state excise laws of India , including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download Sozzled Pvt Ltd.’s mobile application, website, or any other services.
If you are a constitutional, state, or local government entity in the India using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such constitutional government entities, these Terms and any action related thereto will be governed by the laws of India (without reference to conflict of laws) and, in the absence of constitutional law and to the extent permitted under constitutional law, and respective state excise law (excluding choice of law).
XVIII. PAYMENT METHODS
Sozzled accepts all the payment methods shown and available on the mode through which the order is being placed, except the Cash On Delivery.
We sincerely apologize for any inconvenience this may cause, but we would like to inform you that we currently do not accept Cash on Delivery as a method of payment. This is due to our ongoing efforts to streamline our payment processes and provide the most secure and efficient service possible.
We understand that Cash on Delivery can be a convenient option for many, and we regret any inconvenience caused by its absence. However, we offer a variety of other payment methods, including credit/debit cards and digital wallets, which we believe will provide a smooth and secure transaction experience.
We appreciate your understanding and cooperation in this matter. If you have any further questions or need assistance with the available payment methods, please do not hesitate to contact us.
Sozzled Pvt Ltd.’s privacy policy is effective as of November 1, 2020 and last updated as on 15 th March 2024.