Terms of Use

Terms of Use

1. YOUR ACCEPTANCE

The following terms and conditions (“Terms”) constitute a binding agreement between you and Fine & Rare Company Pty Ltd., a Sydney New South Wales corporation (collectively with Frootbat’s parent Fine & Rare Trading Company Pty, Ltd, and their subsidiaries and affiliates “Frootbat” “we,” or “us”) with respect to your use of this website and any other Frootbat owned websites, micro-sites, subdomains, social media pages and accounts, all mobile versions and any associated applications and services (collectively, the “Frootbat Sites”), and the services available on such platforms (together with the Frootbat Sites, the “Services”).

Minors Prohibited:

By using this site, you swear and affirm that you are over the age of 21. You must be 21 years of age or older to purchase from Frootbat Sites. The purchase of alcohol by persons under the age of 21 is strictly prohibited by law. By placing an order on Frootbat Sites, you are expressly warranting that you are at least 21 years of age and you will present a valid government-issued ID to a carrier upon delivery.

Any items purchased from Frootbat Sites will be delivered with an “Adult Signature Required” designation, and the third party carrier that delivers the items must verify identification upon delivery. Please note you, or someone at least 21 years or older, must be present at the time of delivery.

Please do not provide any of your information to us if you are under the age of 21. We do not knowingly collect or maintain any personally identifiable information about anyone under the age of 21. If we become aware that you are under the age of 21 and are attempting to or have submitted personal information via the Site, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

2. WEBSITE ACCESS

Frootbat hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Frootbat prior written authorization; (iii) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Website to anyone else; (iv) you will not reverse-engineer, decompile or create derivative works of the Website; (v) you will not allow any other individual to access your Website account; (vi) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (vii) you may not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreements.

In order to use and obtain access to the Website, you may be asked to submit a registration application, provide certain registration information, including but not limited to, your name, date of birth, age, valid email address, mailing address, username and password (such email address, username and password, are collectively referred to as the “Owner ID”), and to create an account (the “Account”). When creating your Account, you must provide accurate and complete information. Frootbat reserves the right at any time to refuse you access to the Services, terminate, suspend or bar your access to the Website and Services, or deny your registration and/or creation of an Account for any reason, including if (i) Frootbat is unable to verify the authenticity of your registration information, (ii) Frootbat believes, in its sole discretion, that the registration information you provided is not true, accurate, correct, and complete, or (iii) you use or attempt to use an Owner ID or username that is, in Frootbat’s sole discretion, offensive or inappropriate. You agree to promptly update your registration information through the Services or as otherwise directed by Frootbat in order to keep such information true, accurate, current, complete and up to date. By creating an Account you consent to the use of: (i) electronic means to complete the Terms of Use and to provide you with any notices given pursuant to the Terms of Use; and (ii) electronic records to store information related to the Terms of Use or your use of the Website.

By registering an Account with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. To create an Account you must be of legal drinking age. If you are younger than the legal drinking age, then you will not be able to use the Services, register for an Account, or purchase any products from the Website.

Your Account enables you to utilize the Services and such Account shall be restricted to one individual only. You may not register for or maintain more than one Account. There is no fee or charge for you to create an Account. In the event Frootbat discovers that you have more than one individual using your Account, in addition to any other rights that Frootbat may have, Frootbat reserves the right to suspend or terminate your Account and collect any outstanding debts from your use of the Website. You are solely responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account. You may change your password at any time by updating your Account information. In addition, you agree to immediately notify Frootbat of any unauthorized use of your password or Account or any other breach of security. Frootbat cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. If we request registration information from you, you must provide us with accurate and complete information.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to Frootbat’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Frootbat grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Frootbat reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation Account names, email addresses, or other submissions from the Website, nor use any communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. THE WEBSITE

These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Frootbat. Frootbat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Frootbat from any and all liability arising from your use of any third-party website. By searching, purchasing goods from or using third-party websites, you will be subject to the terms of use and privacy policies to such third party websites. Frootbat is not responsible for informing you of any terms or conditions of third-party website’s terms of use or privacy policies. Frootbat recommends that you read all terms of use and privacy policies of any third-party websites before searching, purchasing from, or using such third party websites.

Frootbat has formed contractual relationships with certain entities, vendors, retailers, manufacturers, and other third parties (collectively the “Suppliers”) that supply and ship alcoholic beverages marketed on the Website (the “Products”). These Suppliers make offers to users of the Website to purchase the Products. You agree and acknowledge that Frootbat does not sell, offer to sell, invite to sell, or solicit any offers for the Products.

Upon placing an order with a Supplier which you contacted through a direct link via the Website, you will be notified by email that your order was received. You should review the Supplier’s terms of use, privacy policies and shipping policies as the Products purchased from the Website shall be subject to the applicable Supplier’s agreements and policies. Due to applicable laws and regulations, Suppliers are unable to accept the return of any Product purchased by a user in error.

YOU AGREE THAT IN ALL INSTANCES, ALL SALES TRANSACTIONS ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, SHIPPED AND DELIVERED BY SUPPLIERS WHO RECEIVE SUCH ORDERS.

4. LEGAL NOTICE

The Products are sold within the state or jurisdiction where the Supplier is located and title to the Product passes to the user once the Product is delivered to a common carrier in the Supplier’s jurisdiction. By placing the order, you authorize the Supplier to have the Product shipped on your behalf by common carrier for delivery to your selected destination. Under the terms of sale, the common carrier is acting as your agent. You may desire to insure your shipment as Frootbat does not provide such insurance and has no control over the Suppliers Products or delivery thereof.

By purchasing Products using your Account, you represent that you are acting in compliance with all applicable local and state laws regarding the purchase, transportation, shipment and delivery of any of the Products. Frootbat and Suppliers make no representation as to the legal right of any user to accept an offer from a Supplier and have any Product shipped to the user’s shipping designation.

5. MESSAGING

As part of the Services we provide, you may receive emails or other types of notifications directly sent to you from the Website (the “Subscriber Emails”). Such Subscriber Emails will update you on incoming Products, discounts, and links to articles and content located on the Website. You have control over the Subscriber Email settings and can opt in or out of these Subscriber Emails through the Website. We have no intention of ever spamming you with unwanted messages or emails, and, as noted above, you are not required to provide this consent as a condition to using the Website and may opt out of such Subscriber Emails.

We may offer you the opportunity to invite your friends or contacts to visit the Website and enjoy the Services. If you click to invite one or more of your friends or contacts using email we may suggest content for the message. If you choose to send such email invitations, you represent to Frootbat that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited. Further such invitation emails should be directed only to recipients that are of legal drinking age or older.

6. CONTENT AND MARKS

The content created by the Website including without limitation, the text, articles, graphics, designs, sound recordings and photos created for the Website and its interactive features (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Frootbat, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Frootbat or as expressly provided herein. Frootbat reserves all rights not expressly granted in and to the Website, Marks and the Content contained therein.

7. PAYMENT

The use of the Website is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Website at any time. If we begin charging a fee for your continued access to the Website, we will give you at least fifteen (15) days prior notice so you can opt out of your Account with the Website.

8. RULES OF CONDUCT

The following rules of conduct apply to your use of the Website.

You may not, in connection with the Website:

• Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
• Send to any third party any unsolicited communication or message, including without limitation through messages or email, in connection with or related in any way to the Website or to Frootbat;
• Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
• Infringe or violate any patent, copyright, trademark, trade secret or other property right;
• Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Conduct actions that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• Conduct any violation of any person’s privacy or publicity rights, misrepresentation of facts, or hate speech;
• Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
• Promote the Website or services that deliver unsolicited e-mail or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; and
• Conduct any activity in regards to the Services of the Website that would violate state or federal laws or regulations.

YOU MAY NOT, EXCEPT WITH FROOTBAT’s EXPRESS ADVANCE AUTHORIZATION, USE THE WEBSITE TO:

• Harm minors in any way;
• Solicit personal information from anyone under the legal drinking age;
• Provide false or deceptive information; or
• Allow usage by others in such a way as to violate the Agreements.

9. USER WARRANTIES

If you decide to purchase any Products marketed on the Website, you represent and warrant that you may purchase and receive such Products ordered from Suppliers and are compliant with all applicable laws, including but not limited to, any alcoholic beverage control laws and shipping laws of the jurisdiction in which you reside or have Products shipped to, and that such Products will be used only in a lawful manner. By placing an order, you represent and warrant that you are at least the legal drinking age in your Country of residence. Frootbat nor any Suppliers make any representations as the right of any individual to import a product into its jurisdiction or the legality of shipping alcoholic beverages.

You agree that you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of such breach, including but not limited to, any loss or damage Frootbat may suffer.

10. MODIFICATIONS TO THE WEBSITE

Frootbat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Frootbat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

11. TERMINATION

Frootbat, under certain circumstances and without prior notice, may immediately terminate your Account and access to the Website and any other services provided by Frootbat. Cause for such termination shall include, but is not limited to: (a) breaches or violations of the Agreements, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any product offered on the Website. Termination of your Account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials; and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Frootbat’s sole discretion and that Frootbat shall not be liable to you or any third party for any termination of your Account, any associated email address, or access to the Website.

You may close your Account by submitting a written request to Frootbat at orders@frootbat.com. Upon closure, suspension, cancellation and/or termination of the Website for any reason whatsoever, you shall immediately discontinue your access to and cease all use of the Website and shall pay Frootbat any and all unpaid purchases or fees up to and including the date of such closure, suspension, cancellation and/or termination, and any rights granted to you herein shall immediately and automatically (without further action by you or us) terminate.

These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to and use of, the Website, and your relationship with us.

12. ACCESSING THE SERVICES

The Website is designed to be accessible on multiple types of devices and operating systems. Frootbat makes no representation or warranty of any kind whatsoever that the Services will be compatible with your devices, communication services, or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with your device.

13. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FROOTBAT, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, MEMBER, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF FROOTBAT (COLLECTIVELY, “FROOTBAT AFFILIATES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FROOTBAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FROOTBAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION.

FROOTBAT WILL NOT BE A PARTY TO OR RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN THE WEBSITE USERS AND SUPPLIERS. FROOTBAT WILL ONLY NOTIFY BOTH PARTIES WHEN THERE IS AN OFFER TO PURCHASE A PRODUCT AND PROCESS PAYMENT ONCE THERE IS AN ACCEPTANCE. FROOTBATt WILL NOT BE A PARTY OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FROOTBAT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

If any communication from this Website is not in conformity with any jurisdiction rules and regulations governing solicitation, advertising, shipping and/or transacting business in such jurisdiction, then such communication and any offers made herein in connection therewith, shall be void to the extent prohibited by law.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL FROOTBAT, OR FROOTBAT AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY OF THE PRODUCTS, SERVICES OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FROOTBAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FROOTBAT AND FROOTBAT AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOURSELF OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered from its facilities in the United States of America. Frootbat makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. ARBITRATION

You and Frootbat agree to arbitrate any dispute arising from these Terms of Use or your use of the Website, except that you and Frootbat are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Frootbat agree (a) that any arbitration will occur in Sydney, New South Wales, Australia; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Sydney, New South Wales, Australia have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FROOTBAT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

16. GOVERNING LAW

These Terms and all the terms herein will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to principles of conflicts of law. Subject to Section 15 above, any such controversies will be submitted exclusively to Federal or state courts in the State of New South Wales, Australia. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.

17. INDEMNITY

You agree to defend, indemnify and hold harmless Frootbat and Frootbat Affiliates, 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 Website; (ii) your violation of any term of the Agreements; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that an action or purchase you conducted caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

18. FORCE MAJEURE

Frootbat is not and will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Frootbat, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”).

19. ABILITY TO ACCEPT TERMS OF USE

You affirm that you are over the legal drinking age in your COuntry of residence, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and agree to abide by and comply with these Terms of Use.

20. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, or sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Frootbat without restriction.

21. GENERAL

These Terms of Use supersede all prior understandings regarding the same and represent the complete agreement between you and Frootbat. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Frootbat’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Frootbat reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice. It is your responsibility to review these Terms of Use for any changes.

Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

22. VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use, including objectionable user actions or behavior, to orders@frootbat.com. Please state the reasons for your concern and provide a link to any action or behavior in question. Upon receiving such a report of a possible violation, Frootbat in its sole discretion may investigate the matter and take such action as Frootbat determines to be appropriate.

LAST UPDATED: December 9, 2022

Shipping Policy

This “Shipping Policy” outlines the shipping and delivery process upon purchasing Products from Suppliers through Frootbat’s Website. Frootbat may change this Shipping Policy from time to time. If Frootbat makes changes to this Shipping Policy, Frootbat will notify you by revising the date at the bottom of this Shipping Policy and, in some cases, Frootbat may provide you with additional notice (such as sending you an email). Frootbat encourages you to review this Shipping Policy prior to purchasing Products from Suppliers to stay informed about shipping requirements and delivery information. Unless otherwise defined in this Shipping Policy, terms used in this Shipping Policy have the same meanings as in Frootbat’s Terms of Use.

1. LEGAL NOTICE

The Products are sold within the state or jurisdiction where the Supplier is located and title to the Product(s) pass to the user once the Product is delivered to a common carrier in the Supplier’s jurisdiction. By placing an order with a Supplier via the Website, you authorize the Supplier to have the Product(s) shipped on your behalf by common carrier for delivery to your selected destination. Under the terms of sale, the common carrier is acting as your agent. You may desire to insure your shipment independently of Frootbat, although Frootbat does provide shipping insurance as part of its service.

2. ORDER PROCESSING

Once you have placed an order for a Product through the Website, you will be notified that your order has been received. If a Supplier accepts your offer to purchase a Product, you will be notified when the Supplier has shipped the Product. If no Supplier accepts your offer to purchase a Product, you will be notified that your Order has been canceled. In such scenarios, any payment made for the Order will be refunded in full. Frootbat reserves the right to, at any time and for any reason, cancel an order, provided the customer is refunded in full the purchase amount for that order including all related shipping and tax charges.

An order can be canceled if it is not yet been accepted by a Supplier. Once an Order has been accepted by a Supplier, cancelation of that Order is no longer possible. Cancelations attract a 5% cancelation and restocking fee.

3. AGE VERIFICATION

The Website and the Services are intended for the use of persons who are of legal drinking age in their Country of residence. Persons under this age are prohibited from using the Website or the Services in any way. By placing an order with Suppliers via the Website you are representing that you of legal drinking age in your Country of residence. Frootbat reserves the right to ask for proof of identity before allowing you access to the Website or allowing you to offer to purchase a Product(s) from a Supplier.

By placing an order you verify that you and/ or any order recipients are of legal drinking age in your Country of residence. At the time of delivery you and/or the order recipient must sign an age verification receipt stating that you are of legal drinking age in your Country of residence and must present a valid driver’s license, military ID, passport or State ID for identification. All shipments must be signed for.

According to Carrier policy, if there is not an individual of legal drinking age present to sign for the package, and two (2) unsuccessful delivery attempts have been made at the recipient’s address, the package will be kept at the nearest carrier facility for pick-up. It will then be the recipient’s responsibility to arrange for pickup or redelivery at that juncture.

4. PROHIBITED REGIONS

It is Frootbat’s policy not to assist Suppliers in shipping to certain regions where direct shipment of alcohol products are prohibited, therefore the Website will only allow you to place an order with Suppliers where the Suppliers are already accepting orders from through the Suppliers own channels.

5. All deliveries are made through a network of common Carriers. Delivery charges may vary depending upon the size, weight and distance a Product(s) is being shipped. Frootbat will use its best efforts to notify you of any shipment delays as a result of weather conditions. Please direct all shipping questions to orders@frootbat.com.

6. LOST & DAMAGED PRODUCTS DISCLAIMER

Frootbat automatically provides insurance for each order placed online. Our insurance policy solely insures shipments against breakage and loss from the time of purchase to the time of delivery. Shipping insurance does not cover scratched and/or scuffed labels and /or capsules, cracked wax seals and/or capsules, damaged bottle packaging boxes or seepage therefore Frootbat nor it’s agents assume any responsibility for the aforementioned deterioration resulting from shipment and/or packaging. Buyer is strongly advised to purchase secondary insurance for any and all items purchased from Frootbat. Additional information, photos & statutory declaration may be required from customer to receive a refund or reship for a product that is lost or broken in transit. Frootbat will review each incident of Product damage on a case by case basis & attempt to resolve it in a satisfactory manner. If any Product(s) are damaged during shipping, please email Frootbat at orders@frootbat.com so Frootbat may pursue a claim with our Insurance Company. You agree that Frootbat shall not be responsible for any Product damage that occurs due to extreme temperatures during shipping. Frootbat strongly urges you to consider the effect of weather conditions prior to ordering Products. Potential heat exposure during warm weather conditions and extreme cold during the winter months may damage Products during shipping. We define these temperature readings or predicted temperatures of greater than 75 degrees or less than 45 degrees Fahrenheit. If you notify Frootbat that you would like your order to be put on hold until temperature conditions are more suitable for shipping, Frootbat will do so at no additional cost. All sales are final whether or not the purchase has left our premises. Products unless noted otherwise, may have nicks, tears, scratches, or other deformities on the label and/or capsule. No returns will be accepted for any alcoholic beverage unless the product was shipped in error. All Frootbat deliveries require an adult signature. On occasion, without Frootbat’s consent or knowledge, Shipping providers may not adhere to this requirement and will leave the package at the delivery address. Frootbat is not liable for package loss or theft following delivery to the Buyer’s address as provided to Frootbat.

7. SALES TAX

Certain regions require collection of sales taxes on all orders containing alcohol products. Such sales tax rates may vary between regions and will be added to your purchase price. You will be informed of any sales taxes prior to payment of the Product(s).

8. DELIVERY OF PRODUCTS

Delivery can only be made to an address where an individual is of legal drinking age in their Country of residence and can sign for the shipment during regular business hours. Products can be shipped to a place of business or residence. Purchaser and recipient must be legal drinking age to purchase alcohol.

Frootbat does not allow cancellation of orders after products have been shipped. If a customer refuses receipt of a package, the customer is liable for any applicable return shipping charges incurred by Frootbat. This does not apply to refusal of packages that have been obviously damaged.

Warning: Certain regions expressly prohibit the direct importation of alcohol and violation can be punishable as a misdemeanor or felony. Please contact your local alcoholic beverage control agency for further information. In addition, other restrictions may apply as some states limit the quantity and type of products that may be shipped to an individual address.

FROOTBAT AND FROOTBAT’S AFFILIATES MAKE NO CLAIM IN REGARDS TO THE RIGHTS OF USERS TO RECEIVE SHIPMENTS INTO THEIR STATE,JURISDICTION OR COUNTRY. IF YOU ARE IN DOUBT ON THIS MATTER, PLEASE CONTACT YOUR LOCAL GOVERNING BUREAU OR AGENCY BEFORE ORDERING. VOID WHERE PROHIBITED BY LAW.

LAST UPDATED: December 9, 2022

Privacy Policy

This “Privacy Policy” explains how information about you is collected, used and disclosed by Frootbat. and our subsidiaries (collectively “Frootbat”) when you use our Website (the “Services”) or when you otherwise interact with us.

Frootbat may change this Privacy Policy from time to time. If Frootbat makes changes to this Privacy Policy, Frootbat will notify you by revising the date at the top of this Privacy Policy and, in some cases; Frootbat may provide you with additional notice (such as sending you an email notification). Frootbat encourages you to review the Privacy Policy whenever you access the Website or use the Services to stay informed about Frootbat information practices and the ways you can help protect your privacy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use.

COLLECTION OF INFORMATION:

NON-PERSONALLY IDENTIFIABLE INFORMATION:

When you register for an Account with Frootbat or use the Services (either on your computer, mobile phone or other device), Frootbat servers may (i) automatically record information that your computer, mobile phone or device sends or transmits, including your device type, your device ID number (for example, your UDID), user settings, and information about your use of the Services such as promotions viewed, purchases made, and information you submitted, (ii) record which search terms you used, or which referring/exit pages brought you to the Website, and date/time information, (iii) record certain non-personally identifying information provided by you, such as your gender, age or date of birth, (iv) record, determine or use information about or from another content delivery platform, and (v) record information derived from such above information and other third party sources such as offers and advertisements viewed on the Website, or any information provided by affiliated partners (collectively the “Non-Identifiable Information”).

PERSONAL INFORMATION YOU MAY PROVIDE TO US:

When you use the Services, Frootbat may ask you to provide some personally identifiable information—information about you that can be used to contact or identify you, and information on your use or potential use of the Services and related services (the “Personal Information”). Personal Information that Frootbat may collect include things like your name, date of birth, age, mobile phone number, other phone numbers, email address, home address, PayPal or credit card billing information and any other submissions provided by you. Personal Information may also include other information you supply to Frootbat concerning your preferences and interests expressed in the course of using the Services.

INFORMATION ABOUT YOU WE MAY OBTAIN THROUGH OTHER SOURCES:

Frootbat may also receive Personal Information provided by affiliated partners or third parties in the course of your using their services, or from third parties subject to the limitations of the privacy policies of those affiliated partners or third parties.

DATA DELETION

Users may at any time request the deletion of their personal data held by Frootbat. In order to do so, a request should be submitted to orders@frootbat.com.

USE OF INFORMATION

Frootbat may use information about you for various purposes, including, but not limited to:

• Providing, maintaining and improving the Services or Website, including to provide additional features and content for you;
• Responding or processing your comments, questions, inquiries and requests, and providing customer service;
• Sending you technical notices, updates, security alerts, support and administrative messages;
• Communicating with you about products, services, offers, trends, promotions, industry news and events offered by Frootbat and others, and providing news and information Frootbat thinks will be of interest to you;
• Monitoring and analyzing trends, usage and activities in connection with the Services and Website;
• Personalizing and improving the Services and providing advertisements, content or features that match user profiles or interests;
• Anonymizing or aggregating your non-identifying information for business purposes, including for reporting and researching;
• Linking or combining the information Frootbat gets from others to help understand your needs and to provide you with better service; and
• Carrying out any other purpose for which the information was collected.

Frootbat is based in the United States and U.S. law governs the information Frootbat collects. By accessing or using the Services or otherwise providing information to Frootbat, you consent to the processing and transferring of information in and to the U.S. and other countries. Notwithstanding anything to the contrary in this Privacy Policy, Frootbat may preserve or disclose your information if Frootbat believes that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address or investigate fraud or other illegal activities, security or technical issues; or to protect Frootbat’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have against a third party, including a government request to disclose your information.

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use these links: Privacy policy. Your rights

USE OF COOKIES

The terms “using” and “processing” information, as used in this Privacy Policy, include using cookies or other storage means on a computer or mobile device, subjecting the information to statistical or other analysis and collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within Frootbat’s organization or Frootbat Affiliates within the United States or internationally.

Frootbat may use “cookies” (a cookie is a small data file that is kept in your device’s memory for record-keeping purposes), and/or other storage on your device to help Frootbat collect, maintain, and use this information, for two purposes. First, to make the interactions easier and more personalized for you, Frootbat may utilize persistent cookies to save information relating to your Account and/or activity for future interactions with the Services. Second, to better understand how you interact with the Services and to monitor aggregate usage by Frootbat users and web traffic routing on the Services, Frootbat may utilize session ID cookies to enable certain features of the Services. Unlike persistent cookies, session cookies are deleted from your device when you log off from the Services and then close your browser. Third party advertisers on the Services may also place or read cookies on your browser. At any time, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please understand that if you do not accept cookies, you may not be able to use all portions or all functionality of the Services.

USAGE PATTERNS

Frootbat may also use data collection tags or directives such as “pixel tags,” Javascript scripts, API calls, or similar means (individually or collectively, “Usage Tracking”) in combination with cookies and the demographic or psychographic data we have collected, and with third-party analysis partners, to analyze usage patterns of users anonymously and to serve advertisements to you that are tailored based on the analysis of what Frootbat believes you would respond favorably to in light of the information that Frootbat has collected or accessed about you as described above. A “pixel tag” is an electronic image, often a single pixel and often transparent, that is placed on a web page and may be associated with cookies on your hard drive. Usage Tracking allows Frootbat to count users who have visited certain websites and pages within websites, or used websites or features, to analyze the behavior of users of the Website, in order to improve the Website, and to personalize and determine the effectiveness of promotional or advertising campaigns.

SHARING INFORMATION

Frootbat will not share your Personal Information with anyone else except to provide the Services, when Frootbat otherwise has your permission, or under the following circumstances:

NON-PERSONALLY IDENTIFIABLE INFORMATION:

As discussed above, Frootbat may share with third parties or the public aggregated information in a form that does not disclose your Personal Information, nor be reasonably likely to allow you to be personally identified, for industry analysis, demographic profiling and similar purposes. Frootbat share this aggregated information so that its partners also understand how interested users are in their products and services, so that they may also provide you with an optimal online experience, and so that additional retail or brand partners can see the opportunity in Frootbat and may also become partners and further enrich the Services and offers for our users.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT:

Frootbat cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Frootbat reserves the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. Frootbat will disclose information about you to government or law enforcement officials or private parties when Frootbat believes reasonably necessary to comply with law, to protect the property and rights of Frootbat or a third party, to protect the safety of the public or any person, or to prevent or stop activity Frootbat may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

BUSINESS TRANSFERS

Frootbat may sell, transfer or otherwise share your Personal Information in connection with a merger, acquisition, reorganization or sale of our company (or our assets) or in the event of its bankruptcy; this is the only case in which Frootbat may sell Personal Information it collects from you or from your use of the Services.

SECURITY:

Frootbat takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Frootbat does not disclose your Personal Information except in the limited circumstances described herein.

LINKS TO OTHER SITES

The Services may contain links or API’s (e.g. data or content exchange interfaces), to external services or websites of other partners or advertisers, including any affiliated partners, for information or functionality of services. If you choose to visit a partner or advertiser by “clicking on” or selecting a button, service, banner ad, or other type of advertisement, or click on another third party link, you will be directed to that third party’s resources. The fact that Frootbat may link to or incorporate a partner’s services, functionality, or website, or present a banner ad or other type of advertisement, is not an endorsement, authorization or representation of its affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. Frootbat does not exercise control over third party services, functionality, websites or other resources, including their use of personal information, and you should exercise caution when deciding to disclose any personal information to a third party. Frootbat encourages you to read the privacy policies or statements of the other websites you visit to learn more about their privacy practices. These other parties may place their own cookies or other files on your computer or device, collect data or solicit personal information from you. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. This Privacy Policy only applies to the Services, and neither Frootbat nor Frootbat Affiliates are responsible for the privacy practices or the content of other websites.

AGREEMENT AND CHANGES TO THIS PRIVACY POLICY

By using any part of the Services, you agree to the current Agreements, to which this Privacy Policy is incorporated. Frootbat reserves the right, in its sole discretion, to modify, discontinue, or terminate any or all of the Services or to modify this Privacy Policy at any time, without notice to you. Any modifications will be effective immediately as of the date the modified Privacy Policy is posted on the Website. By continuing to access or use the Services after Frootbat has posted a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

UNDERAGE INDIVIDUALS

The Services are not directed to persons under the legal drinking age in their Country of residence. Frootbat does not knowingly collect personal information from anyone under the legal drinking age. If Frootbat becomes aware that an individual under the legal drinking age has provided it with personal information, Frootbat will take steps to remove such information and terminate the individual’s Account. Frootbat products that contain alcohol should not be purchased or used by anyone under the the legal drinking age provided by the laws of jurisdiction or territory they are located in.

If you become aware that an individual under the the legal drinking age has provided Frootbat with personal information, created an Account, or is purchasing products containing alcohol, please contact us at orders@frootbat.com.

YOUR CHOICES

ACCOUNT INFORMATION

If you are a registered user of the Services, Frootbat provides you with tools and account settings to access or modify the Personal Information you provided to Frootbat and associated with your Account. You can also permanently delete your Account.

PUSH NOTIFICATIONS/ALERTS

Frootbat may send Subscriber Emails and/or notifications to your device. When you first launch any features of the Services, you will be asked to consent to Frootbat ability to send Subscriber Emails to you. If you initially consent to Subscriber Emails, you can subsequently stop the emails by changing the preferences in your Account. You may also stop Subscriber Emails by following the standard uninstall process to remove the Services from your device.