Terms and Conditions
- Business Terms
Alcoholic beverages,grocery items, food combos, cigarettes are termed as “Products”
The term “Services” acknowledge all the services offered by Ontherocksnow.com, trading under JJMJ Ltd.
The customers have to be above 18 yrs old and have been acknowledged as “you” and “yours” in the agreement.
Ontherocksnow.com trading under JJMJ Limited are the service providers and have been referred to as “we” and all the synonyms related to the word “we” in the agreement.
2.Policy for delivery service, ordering and user registration.
2.1 The service only caters to individuals above 18 yrs of age and you are refrained from accessing or using the website if you are under 18 yrs of age. You are agreeing to all the laws while using the website and utilising our service. Any individual under 18 years of age or those who are already intoxicated will not be served or supplied any alcoholic products from the website. By ordering Products and accessing services on our Website, You confirm that You agree to the terms and conditions listed above. If You are ordering on someone’s behalf the same terms and conditions have to be complied.
2.2. It is your responsibility to show current legal age of proof of identification document to the person making the delivery.Sometimes the delivery person may inspect the credit card by which order has been placed.This is to avoid credit card fraudulance. If you do not show the credit card to purchase the order, Ontherocksnow reserves the right not to deliver the order and the money will not be refunded.
2.3. You agree and are advised not to engage in any conduct which may be considered as damaging, malpractice, cyber attack, hacking to/into the contents of the Website.
- No false, misleading or deceptive information is provided to us and any registration details that you provide to us are true, accurate, up-to-date, complete.
- Disclosing your username and password to third parties either directly or indirectly, allowing third parties to access, gain access to, or otherwise use the Website via your registered account is refrained and deemed illegal
- The information that You provide for payment and delivery is accountable for successful completion of delivery and it belongs to You.If we detect credit card fraudulance, legal action will be taken against any person carrying out such activity.
2.5. You agree to pay the price of the Products and Services including any taxes, delivery charges and other fees as mentioned by us through credit card at the time of purchase via the Website. Products and Services will be charged as per the prices stated on the website, in New Zealand dollars plus the GST(currently 15 %)
2.6. We promise our optimum efforts to deliver your order to your place within the stipulated time of one hour after the completion of processing of the order.However,ontherocksnow.com provides no guarantee and the delivery time are subjected to availability, delivery area, timings and traffic conditions. Ontherocksnow.com are committed to delivering the goods within our delivery area, as soon as possible, even if the stipulated time of one hour has been exceeded since the processing of the order and you will be notified about this.
2.7.The products can be inspected by you at your doorstep and if upon inspection the order is incorrect we will correct the order and re-deliver at our cost. If the order after inspection is accepted, the order will be registered as completed .
2.8.You agree to comply safe access onto your designated living premises’ address for delivery. On delivery, proof of age from You and/or the person receiving the order is essential. We reserve the right to request you to show the credit card by which you placed the order. During the delivery, in case of following circumstances:
- No valid proof of age provided;
- The recipient of the Products is under 18 years of age;
- The recipient of the Products is found to be intoxicated (the judgment is liable to our discretion);
- The delivery address cannot be accessed.
- The customer is not available at the delivery address
- The customer cannot produce the credit card by which order has been placed,
you agree to the terms that the delivery of Products may be refused or will be deemed cancelled. In such cases, the purchase price of the Products, minus the delivery charges and taxes involved will be refunded to you with immediate effect. In the case where the delivery is refused, We will not be held accountable for any loss or damage suffered by You and/or any party involved.
2.10.On delivery of the Products, the responsibility to carry, handle and consume the product is upon You and no risk will be associated or shared with us. As we are third party in delivering the products mentioned in the website ontherocksnow.com , we are not liable for the quality of the products.
2.11 The first orders will be taken at 9 am (liquor will be delivered between 9 am and 9 pm only). The last order for liquor, grocery and other items will be processed at 9.00 pm . The orders later than that will be processed and will be delivered the next day only.Or you can request for a refund.
2.12 We promote responsible and safe drinking and will not hand over the products to the customer if we find they are intoxicated and not in a condition to drink more.
2.13 Delivery within our designated area will incur $10 delivery charge which will be charged to your credit card.A minimum order of $50 should also be placed for all deliveries. The time for delivery may exceed 1 hour in certain circumstances for delivering within the designated areas.For delivery outside our delivery areas please call on 0800243377.
2.14 All grocery orders will be delivered from 9 am-9 pm ,ie, the last order should be received by 9 pm .When there is a public holiday, we will deliver the following day.
- Cancellations and Refunds.
3.1. As ontherocksnow is a time bound delivery service ,no cancellation or refunds will be done after the payment has been processed.
3.2. Pizzas, burgers , wraps,fried chicken and cigarettes will not be delivered unless liquor is ordered.
4.1. All copyright and other intellectual property rights in all text, graphics, photos, logos, trade marks, icons, sound recordings or video recordings on this Website are the property of JJMJ Ltd or are included with the permission of the relevant owner.
4.2. The trademarks, logos, characters and service marks displayed on this Website belong to JJMJ LTD. Nothing contained on this Website should be construed as granting any licence or right to use any trademark displayed on this Website. Your use/misuse of the trademarks displayed on this Website, or on any other content on this Website, except as may be provided for in these Terms, is strictly prohibited. Ontherocksnow.com reserves all its rights to enforce their intellectual property rights to the fullest extent of the law.
4.1. To the maximum extent permitted by law, this Website is provided to you on an “as is” and “as available” basis and, consequently, JJMJ LTD gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchant-ability and fitness for a particular purpose) including but not limited to delivery; or any warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; that any advice or opinion obtained from JJMJ LTD through this Website is accurate or to be relied upon, and any representations or warranties thereto are expressly disclaimed.
4.2. Except to the extent otherwise expressly set out in the Terms and to the maximum extent permitted by law, JJMJ LTD does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of: (a) the Services; (b) your access to, use, inability to use, change in content of this Website or any other website you access through a link from this Website; (c) any actions JJMJ LTD takes or fails to take as a result of any electronic mail messages you send to JJMJ LTD.
4.4. Further, JJMJ LTD shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses, malware, spyware or other similar software or code that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this Website you do so at your own risk.
4.5. You indemnify JJMJ LTD and its affiliates, and their agents, officers, employees and contractors (“Indemnified Parties”) against any claims, actions, costs (including legal costs) or losses incurred by the Indemnified Parties arising out of or in connection with your breach of the Terms.
5.1. If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
6.1. You and JJMJ LTD agree that any controversy or claim arising from or pertaining to the use of this Website shall be governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.
Furthermore, ontherocksnow.com reserves the right to amend the Terms at any time. Any amendments are effective upon your first access of the Services after the Last Updated date at the end of these Terms. Your use of the Website and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the amended Terms, then you should discontinue with your use of the website and Ontherocksnow.com Services.Your continued use of the Website will represent an agreement by You to be bound by the amended Terms.
8. Exclusion of Legislation
If You purchase the Products and Services for a business purpose You agree that to the extent permitted by law the provisions of the Consumer Guarantees Act 1993 do not apply. You indemnify us from any liability arising from You on-selling the Products in trade and failing to exclude as applicable, such legislation. If the provisions of the Consumer Guarantees Act apply to your purchase of the Products and Services, the clause limiting our liability under these Terms will not apply. To the extent permitted by law, You also agree that the provisions of the Sale of Goods Act 1908 do not apply.
9.Limitation of Liability
We will not be liable to You for any loss of profit, loss of bargain, loss of business opportunity and our liability is limited to the price of the Products and Services to which the liability relates.
The customer that is You agree to indemnify us against all accountable costs that include losses, claims, expenses, demands and full costs related to legal i.e Solicitor and client in this case related to your use of the website. The indemnification clause does not include breaches by You regarding key terms like proof of age, product quality claims and/or use of the products and services.
The Products or Services from time to time are not subjected to any warranties to the extent permitted by law. The other warranties either express or implied by law are not made by us with respect to the Products or Services.
All intellectual property and other information which by its nature is intended to be treated as confidential will be confidential information for the purposes of these Terms and no party will disclose any confidential information to any third party without obtaining prior consent.
Cookies are harmless files sent from your browser which help us to identify You and to constantly develop our website, product offerings and services.
The parties shall strive and are recommended to resolve any disputes in relation to the terms and conditions mentioned above related to the supply of Products and Service, between them mutually at the earliest, prior to seeking any legal or court resolution.
You agree and acknowledge that:
- A party will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by that party.
- Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive termination.
- These Terms do not create any relationship of partnership, agency, employment or joint venture between You and us.
- We may subcontract any of our obligations under these Terms to a third party.
- If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
- These Terms are governed by New Zealand law and are deemed to have been made in New Zealand and is subject to the non-exclusive jurisdiction of the New Zealand Courts.
- A party will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, provided that such failure is beyond the reasonable control of that party.