Terms & Conditions

Effective Date: July 09, 2024

Holiq LLC, formed on 11/15/2022, with its principal working office at 8600 Freeport Pkwy, Ste 130, Irving TX 75063, along with its subsidiaries and affiliates (“Holiq”, “we”, “us”, or “our”) owns and manages the website https://holiq.ai/ and any associated applications or tools (collectively referred to as the “Platform”), as well as services associated or provided through the Platform (the “Services”).

The following Terms of Service (“Terms”) govern your access to the Platform and Services and represent a binding agreement between you and Holiq. Kindly take the time to understand them.

Important Notice: Dispute Resolution

PLEASE CAREFULLY REVIEW THE “DISPUTE RESOLUTION” SECTION. UNLESS YOU OPT OUT OF ARBITRATION, THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HOLIQ THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). BY AGREEING TO THESE TERMS, YOU AND HOLIQ WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Legal Age Requirement

OUR PLATFORM AND SERVICES ARE STRICTLY FOR INDIVIDUALS AGED 21 AND ABOVE. IF YOU ARE UNDER 21, YOU ARE PROHIBITED FROM USING THE PLATFORM OR SERVICES. FURTHERMORE, YOU MAY NOT MAKE PURCHASES FOR OR DELIVER TO ANYONE UNDER 21. AVOID SHARING DETAILS OF ANYONE UNDER 21.

01 DESCRIPTION OF SERVICES

Holiq, in contrast to competitors charging significant amounts, offers an empowering platform providing members store owners with marketing tools, analytics, automation, and communication utilities. While we furnish the platform, the products you order are neither sold, prepared, nor delivered by us. These responsibilities fall upon the selected members store or third-party provider.

Our platform integrates various payment services for user convenience. Before utilizing these, we strongly advise you to acquaint yourself with their respective terms. Any third-party delivery option you choose will have its terms, which should be reviewed in detail.

Our integration with Google Maps and its API offers users the ability to view members store locations, fetch directions, and ascertain travel durations. By leveraging our services, you’re inherently agreeing to Google Maps API Terms of Service.

02 SHOPPING WITH HOLIQ

Holiq does not sell alcohol directly. Our Services allow users to browse and purchase alcoholic products offered by licensed alcohol retailers registered on the Holiq Platform (“Retailers”). We are dedicated to ensuring our platform does not encourage any illegal activities or breaches related to the sale and distribution of alcohol.

Holiq may impose a Service Fee upon order placements. All fees will be disclosed before finalizing the purchase. When orders are placed through our platform, they are sent to the chosen Retailer for approval. Upon approval, your payment method will be charged.

Holiq is not a delivery or shipping entity. Delivery of your order is facilitated by the Retailer or their chosen delivery service. Holiq is not liable for the actions, products, or content of Retailers or any delivery service associated.

ID Verification and Safety Protocols

Retailers or their delivery providers are responsible for verifying your age and ID upon delivery. For the safety of all parties involved, strict verification measures are in place. If a delivery cannot be completed due to reasons such as a failed age verification, additional fees might be applicable.

Retailer Rights

Refusal & Adjustments

Retailers retain the right to refuse, adjust, or cancel orders. If adjustments or substitutions are made, users will be notified, and final charges will be adjusted.

Safety Refusal

Retailers reserve the right to refuse delivery if they deem the transaction to be unsafe or inappropriate. Refused deliveries may result in additional charges.

03 COMMUNITY GUIDELINES

We require users to comply with the following rules:

✦ Our Services must not be used for any unlawful or fraudulent purposes, including unauthorized access to accounts.
✦ Impersonation of any person or entity, or falsely claiming an affiliation, is strictly prohibited.
✦ Interfering with, disrupting, or trying to exploit any aspect of the Services is not allowed.

Violation of these rules may lead to restricted or terminated access at our discretion.

Age and Usage Restrictions

Our Services cater to a wide demographic, but users must be a minimum of age limit years to access them. For alcohol-related orders, adherence to local legal drinking age laws is compulsory, with valid ID verification at pickup or delivery.

Individual members store owners, based on their discretion, set the minimum order amount and age limit. Thus, it varies from one establishment to another. Holiq assumes no liability for these variations.

Membership and Fees

While membership fees vary, they will always adhere to the stipulations in the pricing section. All membership fees, along with any other charges, follow the pricing guidelines. The nature of the tools and services offered determines the pricing, with detailed breakdowns available in relevant sections.

Third-Party Shipping and Deliveries

For any third-party delivery, such as DoorDash, their specific terms, conditions, and policies apply. Holiq is exempt from any responsibilities related to third-party shipping and deliveries.

04 BILLING

Billing alterations can be made on your Billing Page within your Holiq account. You grant Holiq the authority to continue charging your Authorized Payment Method for any due fees throughout your Subscription Term and until all outstanding amounts are settled.

All payments are non-cancellable, and fees paid are non-refundable, unless explicitly specified in this agreement. All dues are to be settled in advance throughout the Subscription Term.

Payment and Refund Policy

Your orders facilitated through our Services will be charged directly from the selected payment method linked to your Holiq account. By placing an order, you authorize Holiq to initiate a charge or debit on your designated payment method, including credit cards or other approved facilities, for the total amount of your order, including any applicable fees and taxes.

For orders placed through our integrated Marketplace feature, Holiq may impose an additional fee, the “Marketplace Diner Fee,” which may vary based on the specific order.

Regarding the membership fees, charges will be as highlighted in the pricing section. All payment obligations are non-cancellable and all amounts paid are non-refundable, except when explicitly mentioned in this Agreement.

It is your responsibility to maintain the confidentiality of your account password. Any activity or charges incurred under your account, as defined by the associated password, will be your responsibility. This liability extends even after the termination of this Agreement.

All refund requests will be handled in accordance with the refund policies of the members store from which you ordered. If you contact Holiq seeking a refund, we are unable to process any refund without the express approval from the respective members store. We will, however, make reasonable efforts to request and secure refunds when appropriate.

At Holiq, we prioritize the security of our customers’ payment information. We adhere to the strictest standards of data protection and are compliant with the most current version of the Payment Card Industry Data Security Standard (PCI-DSS).

Holiq Customer Membership Program

We offer a Customer Membership Program that allows you to enjoy exclusive benefits at participating members store locations. Upon signing up for the program on our Platform and paying an annual fee (the “Customer Membership Fee”), you’ll be entitled to discounts on your Holiq orders from participating members store locations.

Please be aware that not all members stores or members store locations choose to participate. To enjoy discounts from specific members stores, a Customer Membership Fee must be paid on a per-location basis.

05 DELIVERY AND CURBSIDE PICKUP

Holiq Services collaborates with a diverse range of members stores, some of which may not cater to every location. If our services are not yet available in your area, please let us know. We are continuously broadening our horizons, and we encourage you to create an account to stay updated.

Within the United States, Holiq collaborates with partner delivery companies to fulfill your orders. If you are not present at the designated delivery address at the time of delivery, the package will be left at your doorstep, or if applicable, with the doorman or at the delivery center, and the corresponding charges will be levied to your account.

The person receiving the delivery at the designated address will be conclusively presumed to be authorized to accept it. In situations of inclement weather, your order will be delivered as soon as feasible. Holiq itself is not liable for third party deliveries.

As an alternative to home delivery, some members stores offer curbside pickup. You are required to inform the members store of your arrival through the Holiq app. The members store may ask for details about your vehicle, such as your license plate number or car model.

PLEASE NOTE: HOLIQ, NOT BEING THE MEMBERS STORE OR THE DELIVERY SERVICE, PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN RELATION TO DELIVERY OR CURBSIDE PICKUP SERVICES.

Account Registration and Security

During the registration process, you will be required to create an Account. You agree to provide a valid, current, and non-disposable email address. Temporary email addresses are not permitted. If you register with a temporary or spam email address, we may terminate your account, deny access to the service, and withhold any refunds for purchases or subscriptions made on the account.

You are solely responsible for maintaining the confidentiality and security of your username, password, and any unique identifiers associated with your Account. You agree to promptly notify us in writing of the need to deactivate a password or username.

06 INTELLECTUAL PROPERTY

The Services contain a variety of materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Holiq (collectively, the “Content”). This Content may be owned by us or by third parties, and it is protected under both United States and foreign laws. Unauthorized use of the Content may constitute a breach of copyright, trademark, and other laws.

You do not have rights to the Content, and you are only permitted to use the Content as outlined in this Agreement. All copyright and proprietary notices contained in the original Content must be retained on any copies. Unauthorized selling, transferring, assigning, licensing, sub-licensing, modifying, reproducing, displaying, publicly performing, distributing, or using the Content for any public or commercial purpose is strictly prohibited.

Any breach of this Agreement will result in immediate termination of your access to the Content and Services, and you must promptly destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Holiq (“Holiq Trademarks“) used and displayed on the Services are registered and unregistered trademarks or service marks of Holiq, Inc. Other company, product, and service names located on the Services may be trademarks or service marks owned by others.

Communications and User Submissions

While we appreciate your direct communication, please refrain from sending us any content that contains confidential information. With regard to all emails sent to us, we reserve the right to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose, including the development, production, and marketing of products and services.

You retain all copyrights in anything you post. However, you grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us.

Holiq Rewards

If you are a resident of the United States, you may be eligible to earn “Holiq Rewards” through our referral programs and/or various promotional events. Holiq Rewards, once accrued, are automatically applied towards your future orders. Holiq Rewards may never be redeemed or exchanged for real money or used outside of the Services.

07 LIMITATION OF LIABILITY

The Content and the Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind.

In connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption; and (ii) any direct damages not attributable to personal injuries shall be limited to the money you have paid us in connection with your use of the Services during the three (3) months immediately preceding the events giving rise to the claim.

The Services and/or the Content may contain technical inaccuracies, typographical errors, or omissions, including with respect to allergy information. We reserve the right to make changes, corrections, and/or improvements at any time without notice.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. FAILURE TO FILE WITHIN THIS PERIOD SHALL RESULT IN THE CLAIM BEING PERMANENTLY BARRED.

External Sites

The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.

DMCA Digital Millennium Copyright Act

Holiq respects intellectual property rights. Claims of infringement should be sent to our designated agent:

Holiq, LLC.
8600 Freeport Pkwy, Ste 130,
Irving TX 75063
Attention: Legal Counsel

08 PROHIBITED USES

You may use our Services only for lawful purposes. You agree not to use our Service:

✕

In any way that contravenes any applicable local, national, or international law or regulation.

✕

With the intention of exploiting, harming, or attempting to exploit or harm minors in any way.

✕

To impersonate Holiq, a Holiq employee, another user, or any other individual or entity.

✕

To use any robot, spider, or automatic device to monitor or copy material on the Service without our prior written consent.

Attempting to gain unauthorized access to, interfere with, or disrupt any part of the Service or its connected databases is strictly prohibited and may result in legal action.

Communication and Promotions

By creating an account with Holiq, you consent to receive newsletters, marketing, and promotional materials. You may opt out of receiving any of these communications at any time by following the unsubscribe link in any email we send.

Any sweepstakes or promotions offered through the Services may be governed by rules separate from these Terms. If a conflict arises, the specific Promotion rules will prevail.

Reservation of Rights

The Services and their original content, features, and functionality are the exclusive property of Holiq and its licensors. Unauthorized reproduction, modification, or distribution of our material, trademarks, or trade dress is strictly prohibited except as expressly permitted in these Terms.

User Reviews and Ratings

When posting reviews, you affirm that: (1) your review is based on direct experience within the last 10 days; (2) you have no affiliations with competitors; and (3) you abide by these Terms. You grant Holiq the irrevocable right to use and display your reviews in relation to the Services without compensation.

Holiq reserves the right to remove any review at our discretion, especially those deemed false or misleading.

09 FAIR USAGE

Holiq strives to provide the best service to all users. Even for services labeled as “unlimited,” certain usage guidelines apply to ensure the availability and speed of our systems for the entire community.

Unlimited Use Policy

“Unlimited” usage is understood as usage that reflects the average activity of a member store owner. Activities that place an inordinate strain on our systems, appear automated, or use the network for non-store-related marketing are not permitted.

Holiq retains the right to monitor activity for compliance. Users exceeding reasonable usage may face temporary suspension, service restrictions, or account termination.

Terms for Mobile Application Use

We grant you a non-exclusive, revocable, non-transferable license to use the mobile application on your personal devices in accordance with these Terms. All rights not expressly granted are reserved by Holiq.

Your usage must comply with the Apple App Store or Google Play Store Terms of Service, as applicable. Neither Apple nor Google is a party to these Terms and they are not responsible for maintenance or support of the application.

Disclaimer

HOLIQ DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

Force Majeure

Holiq will not be liable for failure or delay in performance caused by acts beyond our reasonable control, including acts of God, governmental actions, or labor disputes.

Assignment

You shall not assign your rights under these Terms without our prior written consent. Holiq may freely assign its rights and obligations without notice.

Termination

Holiq reserves the right to terminate your access for any reason, including breach of these Terms, fraudulent activities, or for no reason at all, without prior notice or liability.

10 DISPUTE RESOLUTION

A) Binding Arbitration and Jury Waiver

YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT AND TO HAVE A JURY TRIAL.

All disputes relating to the Services will be resolved through binding arbitration governed by the Federal Arbitration Act (FAA). Arbitration proceedings will take place in a mutually agreed location or as determined by the arbitrator.

B) Class Action Waiver

ANY CLAIM OR DISPUTE SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS ACTION OR COLLECTIVE ACTION.

Indemnification

You agree to defend and hold harmless Holiq and its officers from any loss or claim arising out of your use of the Services or breach of these Terms.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE TO HOLD HOLIQ HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Confidential Information

All non-public Holiq information disclosed to you is considered confidential and may not be duplicated without prior written approval.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Texas. Any legal suit shall be instituted exclusively in federal or state courts located in the City and County of Dallas.

Modification of Services

We reserve the right to amend or withdraw our Services without notice.

Changes to Terms

We may amend these Terms at any time by posting revised terms. Your continued use implies acceptance of changes.

Contact Us

Holiq LLC

8600 Freeport Pkwy, Ste 130
Irving TX 75063
United States

P +1 (682) 254-6547

E sales@holiq.io

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