Terms of service
OVERVIEW
Welcome to DrinkGuard.
The terms “we”, “us” and “our” refer to DrinkGuard. DrinkGuard operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience.
DrinkGuard is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use our website, products, and services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to provide accurate descriptions and images of our products. However, product appearance, packaging, colors, and images may differ slightly from how they appear on your screen due to device settings, lighting, or display differences.
We do not guarantee that the appearance or quality of any product purchased will exactly match what is displayed online.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit product quantities by person, geographic region, or jurisdiction.
DrinkGuard products are dietary supplements. They are not intended to diagnose, treat, cure, or prevent any disease. They are not a substitute for medical advice, medical treatment, or responsible alcohol consumption.
Always drink responsibly. DrinkGuard does not prevent intoxication, does not make it safe to drink more, and should not be used as a reason to consume excessive alcohol.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. DrinkGuard reserves the right to accept or decline your order for any reason at our discretion.
Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted.
If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time of the order.
Your purchases are subject to our Return Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product will be the price in effect at the time the order is placed and will be shown in your order confirmation email.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, import duties, or other related charges.
Prices posted on our website may differ from prices offered in other stores, marketplaces, or third-party websites.
We may offer promotions from time to time. These promotions may have separate terms and conditions. If there is a conflict between a promotion’s terms and these Terms of Service, the promotion terms will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You agree to promptly update your account and payment information, including your email address, payment card numbers, and expiration dates, so we can complete transactions and contact you when needed.
You represent and warrant that:
1. The payment information you provide is true, correct, and complete.
2. You are authorized to use the selected payment method.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges incurred at the posted prices, including shipping, handling, taxes, and any applicable fees.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays.
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information, local delivery issues, or events outside our control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you.
You are responsible for providing accurate shipping information. We are not responsible for orders delayed, lost, or returned due to incorrect or incomplete shipping details.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, images, graphics, product reviews, videos, audio, design, layout, and overall website arrangement, are owned by DrinkGuard, its affiliates, partners, or licensors, and are protected by applicable intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial use only.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any license or rights to any intellectual property owned by DrinkGuard, Shopify, or any third party.
DrinkGuard’s name, logos, product names, designs, and slogans are trademarks of DrinkGuard or its affiliates or licensors. You may not use these trademarks without prior written permission.
Shopify’s name, logo, product names, and service names are trademarks of Shopify. All other names, logos, product names, and service names are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services. We do not monitor, control, or have input over these tools.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind.
We are not liable for any issues arising from or related to your use of optional third-party tools.
Your use of third-party tools is entirely at your own risk and discretion. You should review and understand the terms provided by the relevant third-party provider.
Any new features, tools, or resources added to the Services in the future will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, tools, or content operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.
If you access third-party websites or services, you do so at your own risk.
We are not liable for any harm, damages, or losses related to your use of third-party websites, products, services, resources, or content.
Please review third-party policies carefully before engaging in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
DrinkGuard is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with DrinkGuard.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and DrinkGuard, including any injury, damage, or loss resulting from purchased products or services.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions with DrinkGuard.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you live.
Please review our Privacy Policy for more details about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use.
We may use this feedback to operate, provide, evaluate, improve, and promote the Services.
You represent and warrant that:
1. You own or have all necessary rights to the feedback.
2. You have disclosed any compensation or incentives received in connection with submitting the feedback.
3. Your feedback complies with these Terms.
We are not obligated to maintain feedback in confidence, pay compensation for feedback, or respond to feedback.
We may monitor, edit, or remove feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, or otherwise objectionable, or that violates any party’s rights.
You are solely responsible for any feedback you provide and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services:
1. For any unlawful or malicious purpose.
2. To violate any laws, regulations, rules, or ordinances.
3. To infringe upon or violate our intellectual property rights or the rights of others.
4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person.
5. To transmit false or misleading information.
6. To upload or transmit viruses or malicious code.
7. To send spam, phishing, or other unwanted promotional material.
8. To impersonate another person or entity.
9. To interfere with or bypass security features of the Services.
10. To collect or track the personal information of others.
11. To scrape, extract, copy, duplicate, sell, resell, or exploit any part of the Services without permission.
We reserve the right to suspend, disable, or terminate your access to the Services at any time if we determine that you have violated these Terms.
SECTION 14 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of any automated software, bot, crawler, scraper, AI tool, or agent to access, use, or interact with the Services.
No automated agent may access or interact with the Services unless it clearly identifies itself and operates in compliance with our requirements.
We may limit or block automated agents through technical or legal measures.
Automated agents must not:
1. Conceal or misrepresent that access is automated.
2. Mimic human behavior to bypass protections.
3. Circumvent CAPTCHAs or similar security measures.
4. Avoid systems intended to block, limit, or control automated access.
5. Scrape, copy, or extract content from the Services without our permission.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of the Services, at any time without notice and at our sole discretion.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by DrinkGuard, the Services and all products offered through the Services are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied.
This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, DrinkGuard, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
This applies to claims arising from your use of the Services, any products purchased through the Services, or any content posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DrinkGuard, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising from:
1. Your breach of these Terms of Service.
2. Your violation of any law or the rights of a third party.
3. Your access to or use of the Services.
We will notify you of any indemnifiable claim where required. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.
You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and this determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.
Any attempt to do so without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services shall be governed by and interpreted in accordance with the laws of the jurisdiction where DrinkGuard is headquartered.
You and DrinkGuard consent to venue and personal jurisdiction in the courts of that jurisdiction.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check this page periodically for changes.
We will notify you of material changes where required by applicable law.
Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
support@drinkguard.co
Our contact information:
support@drinkguard.co