Dippi LLC Terms of Service (U.S.)


Last Updated: October 22, 2021

For Dippi LLC to provide Services to you, we need to obtain your agreement to these Terms of Service (the “Agreement” or “Terms”).  This Agreement is made between Dippi LLC (“Dippi,” “we,” “us,” or “our”) and you, our customer (“you” or “your”) and governs your use of Dippi’s website, mobile device applications, services, online platform, features, and software (collectively, the “Services”).

NOTICE: Paragraph 17 of this Agreement contains a mandatory ARBITRATION AGREEMENT for claims that you or Dippi could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.

  1. Agreement – By creating an account, accessing our website dippinow.com, making a purchase, downloading any of our Apps, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

 

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

 

  1. Age Requirement – You must be at least 21 years old to create a Dippi account or otherwise use our Services.

 

  1. Dippi’s Role  ​​Dippi does not sell, offer to sell, or solicit sales of alcohol: Our Services enable you to search online for alcohol, decide what you want to order from licensed alcohol retailers, and have Dippi deliver that alcohol to your home or business.

 

  1. Privacy – This Agreement includes our Privacy Policy. By creating an account or using our Services, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Policy.  Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

 

  1. Account – To use our Services, you must create an account using accurate information, including your full legal name, current address, mobile phone number, and valid email address. By creating an account, you agree to receive text messages, phone calls, and emails from us, our drivers, or our third-party providers.  If you change your contact information, you’ll need to update it on Dippi’s website or Apps before you can place another order for alcohol delivery. 

 

Account Security – You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your password and account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Devices and Software – You must provide certain devices, software, and data connections to use our Services, which we do not supply.  To use our Services, you consent to manually or automatically download and install updates to our Services.  You also consent to us sending you notifications through our Services from time to time, as necessary to provide our Services to you.

  1. Use of Our Services – Unless otherwise specified, we grant you access to our Services. The content on Dippi’s website and online platform are for your personal and non-commercial use, and we grant you a limited, revocable, non-exclusive, non-transferable license to access the website and platform for that purpose, subject to these Terms. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, Dippi’s website or platform without our express written consent. Any unauthorized use of Dippi’s website, online platform, or their contents will terminate this limited license granted by us.

 

Your access to our Services also includes a limited, revocable, non-exclusive, non-transferable license to download and use Dippi’s applications (“Apps”). We may update Apps from time to time to add new features and/or correct bugs. You agree to use the most recent version of the Apps compatible with your device, although we cannot guarantee you will be able to use the most recent version of the Apps. Apps offered through third-party stores are subject to our Third-Party Service Addendum.

 

  1. Subscription Plans – Joining Dippi as a subscriber is not required to place orders. Non-subscribers pay a $5.99 delivery fee for each order placed. All delivery fees are non-refundable. Dippi will also charge a fee of 10% of the total order amount for administrative and operating expenses.

 

Delivery fees are waived for subscribers (before tax, tip, 10% fee, and any service fee). A monthly subscription costs $14.99 (plus sales tax), and a 3-month subscription costs $39.99 (plus sales tax).  An annual subscription can also be purchased for $149.99 (plus sales tax).  All subscriptions will renew automatically until you cancel.

 

Multiple Subscribers – Certain subscription plans may allow you to grant other registered users (“Members”) access to the account. Each Member is deemed a party to this Agreement. You are responsible for the actions of your Members and must monitor their access and usage.

Free Trials and Discounts –  We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled), and you must pay the full monthly or annual subscription fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

 

Automatic Renewal – To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts.

How to Decline Renewal – Subscribers may opt out of automatic renewal by changing their account settings. Dippi may decline renewals.

 

[In-App Subscription Purchase – We may allow you to purchase subscriptions within the Apps. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not Dippi’s). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.]

 

Refund Policy for Subscriptions – Unless otherwise specified, subscribers who purchase plans directly from Dippi may cancel and receive a full refund of their initial purchase within fourteen (14) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:

 

  • Fees charged immediately after a free-trial period ends;

  • Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);

  • Subscription renewals or migrations to other plans;

  • Fees other than annual or monthly subscription fees;

  • Requests made after the specified periods;

  • Customers who have breached this Agreement or whose accounts were terminated by Dippi for good cause;

  • Customers who joined using a promotion that expressly disclaimed our refund policy; or

  • Customers who have initiated a chargeback dispute. 

  1. Dippi Delivery Rules.

Minimum Delivery Order – Customers are required to order a minimum of $35 of alcohol to be eligible for delivery Services.

Delivery Area – Our delivery area is subject to change without notice. No deliveries will be made to any address outside our current delivery area or to any dry county or municipality.

Identification  – It is the responsibility of both the retailer who sells the alcohol and Dippi’s driver who delivers the alcohol to verify your identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with alcohol. Before delivering your alcohol order, the Dippi delivery driver will require you to show a valid form of photo identification with your birth date and sign an acknowledgment confirming your identity, age, and acceptance of the delivery. 

Responsibility for Order – You are responsible for the entire cost of your order, including applicable fees, taxes, tips and gratuities. The cost of your order will be charged to the credit card on file.

Combining Orders – We will automatically combine any orders we receive from you for delivery to the same address using the same payment method on the same day or evening.  No notice will be given when orders are combined.

Tipping – Driver tips are encouraged but optional, except on orders with a subtotal of $100 or more, for which an automatic gratuity of 10% will be added to the bill.

Refunds & Returns of Deliveries – We cannot accept returns of any items. All sales are final. Refunds will only be given for missing, damaged, or incorrect items.

Accuracy – If an item is missing or incorrect, you must notify us through the Apps or website, and we will work with you to resolve the problem. It is a requirement that incorrect items must be given back to the delivery driver.

No Answer – If you fail to answer your door when the delivery driver arrives, we will continue to try to contact you for approximately one (1) hour to arrange for another delivery attempt. Additional delivery attempts cost $5.99 each and will be added to the cost of your order. If we are unable to reach you after one (1) hour past your original delivery time, we will consider your order undeliverable, and it will be restocked. If this happens, you will be charged a $20 restocking fee.

Wrong Address – If you provide or choose the wrong delivery address on the website or Apps, Dippi has no obligation to deliver the order to your correct address.  If Dippi does elect to reroute the driver and deliver to the corrected address, you will be charged an additional $5.9 delivery fee.

Additional Stops – If a customer order requires more than one pick up of alcohol from different retailers (i.e., one order of liquor from a package store and another order of a specific wine from a wine shop), Dippi will charge a service fee of  $4.99 for each additional pick up.

Cancellations – Once an order number is generated for a delivery and a delivery driver assigned by Dippi, the order cannot be altered or cancelled. This means that any order placed for immediate delivery cannot be cancelled once placed.

Delivery Times – Delivery times are estimates. An order cannot be cancelled because it arrives earlier or later than the estimated delivery time.

Items Ordered – We will deliver only the items you ordered, provided they are available and as they are stated on the order confirmation page. We cannot guarantee that retailers will abide by any special written requests that are included with an order.

Price Changes – The price and availability of any item may change at any time, without notice. We cannot guarantee that any item listed on the Dippi website or Apps will actually be in stock or available from a particular retailer. We will not issue refunds for a drop in price after an order has been placed.

Volume Limits – Alabama law sets certain limits on the amount of different types of alcohol you can order. If you go over the limit, the retailer or Dippi will notify you, and the retailer will give you the correct refund. 

Refusal of Service – We may refuse service to anyone for any reason, or no reason at all.  Alabama law requires us to refuse service to anyone suspected of being a minor, showing signs of being intoxicated, or other circumstances that suggest improper use of alcohol (for example, you are 25 but appear to be in the company of only 18 year olds)or an unsafe environment for the consumption of alcohol.

Referral Codes – Promotional or referral codes for discounts are not to be shared on coupon sites. Any posting of your promotional or referral code on a coupon site, or similar service, will result in your account being suspended. Referral codes are only to be shared with your friends and family.

No Errand Running – Dippi is not an errand-running service and will not pick up additional items for you. Attempts to bribe drivers or pay them on the side to pick up items not sold through Dippi’s Services, including off-app alcohol purchases, will result in an immediate and permanent ban of your account and street address.

Not Responsible for Product Issues – We are not liable, directly or indirectly, for any sickness caused, directly or indirectly, by alcohol or other products from retailers that are delivered through Dippi’s Services.

 

  1. Termination – Although we hope you will remain a Dippi user, you can terminate your relationship with Dippi anytime for any reason by deleting your account.  We reserve the right to terminate or restrict your use of our Services anytime, without notice, for any or no reason whatsoever, such as if you violate the letter or spirit of these Terms or create harm, risk, or possible legal exposure for us, our users, our drivers, or others.

The following provisions will survive any termination of your relationship with Dippi: “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Disputes, Arbitration, and Choice of Law,” “Dippi’s Rights,” and “Assignments.” 

Fraud & Abuse – We will suspend any individual or subscription account we suspect of fraudulent activity or abuse of our staff, drivers, or Services.

  1. Acceptable Use – You must access and use our Services only for legal, authorized, and acceptable purposes. You agree you will not use our Services in the following ways:

  • Conducting yourself in a vulgar or offensive manner, as determined by Dippi;

  • Acting in a deceptive manner or impersonating any person or organization;

  • Harassing or stalking any person, including without limitation delivery drivers;

  • Providing alcohol to minors or facilitate their access to alcohol in any way;

  • Purchasing or providing alcohol to a dormitory or residence hall of any college or other school campus;

  • Ordering alcohol to be delivered in a dry county or municipality; 

  • Purchasing any alcohol or other goods from a delivery driver not ordered using Dippi’s Services;

  • Distributing “spam” in any form or using misleading metadata;

  • Collecting personal information about others or their financial information;

  • Accessing another’s account without permission;

  • Engaging in any other unlawful activity; or

  • Causing or encouraging others to do any of the above.

By accessing Dippi’s website and/or Apps, you agree not to scrape, reproduce, redistribute, resell, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; attempt to circumvent any of our security or digital rights management measures; upload, post, email, or otherwise send or transmit any material that contains software viruses, ransomware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with Dippi’s Services. You further agree not to interfere with the servers or networks connected to Dippi’s website, online platform, and/or Apps or to violate any of the procedures, policies, or regulations of networks connected thereto, the terms of which are incorporated herein by reference.

  1. Content – Under no circumstances shall Dippi or its members, shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the website or Apps. It is your responsibility to evaluate the information, opinion, advice, or other content available through the website or Apps and assess its security and reliability.

 

We distribute videos, movies, television, and other filmed entertainment, and Dippi’s website and Apps allow you and other parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed or made available by you or other parties on Dippi’s website or Apps are those of the respective authors or producers and not the views of Dippi or its members, shareholders, directors, officers, or employees. 

 

  1. Reviews – Subject to this Agreement, we permit you to post reviews on Dippi’s website and Apps, provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the website or Apps; however, we reserve the right to remove or edit such content at any time without notice.

 

  1. Communications – Dippi is free to use any feedback, comments, information, ideas, concepts, reviews, or techniques contained in any communication you send to Dippi, including through its website or Apps, without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and/or creating, modifying, or improving Dippi’s website or Apps. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce, or modify that information.

 

  1. Third-Party Services – Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services such as Facebook.  These third-party services are not controlled by, or affiliated with, Dippi, and their terms of service and privacy policies will govern your use of those products and services.  

 

  1. Disclaimers –  YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS: WE ARE PROVIDING OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIPPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. You must provide your own device and internet access.

 

Among other things, Dippi makes no representations or warranties of any kind with respect to the Dippi Services, website, Apps, or their contents, including without limitation: 

 

  • That Dippi’s Services, or any part thereof, will be operational, available in your area, uninterrupted, error-free, completely secure, or accessible from all devices or browsers;

  • That Dippi’s Services will function without disruptions, delays, or imperfections; 

  • That the content of Dippi’s website or Apps will be free of errors or omissions, including without limitation brands and availability of specific types and brand of alcohol;

  • That the information accessible via our Services is accurate, complete, or current;

  • Any failures, delays, or interruptions in the performance of the Dippi website or Apps;

  • Any losses or damages arising out of access to or use of Dippi’s Services, website, or Apps or any conduct by users of Dippi’s Services;

  • Concerning any third-party websites and resources;

  • That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations; and/or

  • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device.

  1. Limitation of Liability – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIPPI, ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT DIPPI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).  IN ANY EVENT, DIPPI'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DIPPI FOR DELIVERY FEES, SERVICE FEES, TIPS, AND TAXES OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

  2. Indemnification – If anyone brings a claim against us arising from or relating to allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement or otherwise associated with your use of or access to Dippi’s Services, you will indemnify, defend, and hold harmless Dippi and its subsidiaries, parents, and affiliates, and our and their respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, 

  3. Disputes, Arbitration & Choice of Law – If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.

Choice of Law – Any disputes arising out of the Services or this Agreement shall be governed by the laws of Alabama, without regard to principles of conflicts of law. The arbitration agreement set forth in this Section will be governed by the Federal Arbitration Act and other matters subject to federal jurisdiction, such as copyright, by applicable federal law.

Arbitration – Any dispute or claims arising out of the Services or this Agreement shall be submitted to BINDING ARBITRATION, including without limitation (a) Dippi’s collection, use, storage, analysis, or transfer of your Personal Information; (b) an alleged breach of our Privacy Policy; (c) an alleged data breach or unauthorized disclosure of data or content; or (d) an allegation that Dippi failed to comply with any privacy or data security right or obligation, except for those that can be brought in small claims court (District Court in Alabama). “Personal Information” means any information about you, including your registration information, email address, age and date of birth, payment information, location information, device information, demographics, biometric identifiers or information, IP address, and your activities (including viewing and search history). 

Arbitration is a private dispute resolution process usually more streamlined and less formal than litigation. IN AN ARBITRATION, YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL THIRD PARTY CALLED AN ARBITRATOR, NOT A JUDGE OR JURY.  YOU WAIVE YOUR RIGHT TO HAVE ANY DISPUTE RESOLVED IN COURT BY A JUDGE OR JURY.  IN ADDITION, YOU MAY BRING A CLAIM ONLY ON YOUR BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION. 

Any arbitration between the parties to this Agreement shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), before a single arbitrator to be selected by the parties. If the parties cannot agree on an arbitrator within ten (10) days of one party’s notice to the other party invoking the right to arbitrate, then the AAA shall appoint an arbitrator who has significant experience in arbitrating matters similar to the subject matter disputed under this Agreement and no conflict of interest. The arbitration shall be concluded as soon as reasonably possible, and the arbitrator shall make a written determination of the dispute within fifteen (15) days of the completion of the arbitration hearing. The prevailing party in any such arbitration shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses and other costs and expenses incurred in connection with such arbitration, unless the arbitrator, for good cause, determines otherwise. Costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator determines otherwise. The arbitrator’s adjudication shall be final and fully binding upon the parties and enforceable in any court having jurisdiction thereof.

  1. Dippi’s Rights – We own all copyrights, trademarks, graphics, designs, domains, logos, images, button icons, digital downloads, data compilations, software, trade dress, trade secrets, patents, and all other intellectual property rights associated with our Services.  You agree that none of these materials shall be reproduced, reverse-engineered, or used without our express, written permission. 

Dippi’s trademarks and trade dress may not be used in connection with any product or service not provided by Dippi or in any manner likely to cause confusion among customers or that disparages or discredits Dippi. 

All trademarks not owned by Dippi that appear on its website or Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dippi. Any images of persons or personalities on the Dippi website and Apps shall not be an indication of endorsement of any of our Services unless otherwise specifically indicated.

  1. General Provisions.

Reservation of Rights.  Dippi reserves all rights not expressly granted by us to you. Dippi’s rights and remedies are cumulative. No failure or delay by Dippi in exercising any right will waive any further exercise of that right.  

No Waiver.  If we fail to enforce any of our Terms, it will not be considered a waiver.

Severability.  If any term of this Agreement is found invalid or unenforceable by an arbitrator or court of competent jurisdiction, that term will be limited or severed. 

Relationship. You and Dippi are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. Except as otherwise specified, nothing in this Agreement confers any right on any third-party beneficiary.

Entire Agreement. These Terms make up the entire agreement between you and us regarding Dippi and our Services, superseding any prior agreements, unless modified in a written, mutually executed amended agreement.

Assignment. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, and we may transfer your information to any of our affiliates, successor entities, or new owner.  In the event of such an assignment, these Terms will continue to govern your relationship with such third-party.

  1. Notice. You must send any notices to us by email at admin@dippinow.com or mail at:

Dippi LLC

Attn: Legal Department

30 25th Street North

Birmingham, AL  35203