Terms of service

 

Welcome to the Internet sites of Hello Soju, LLC ("Hello Soju"). Hello Soju includes www.hellosoju.com and other Internet sites affiliated with Hello Soju. (each a "Hello Soju Site"). Each Hello Soju Site is operated by Hello Soju, and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE NOTE THAT YOUR USE OF THE HELLO SOJU SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS HELLO SOJU SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE HELLO SOJU SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY HELLO SOJU FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE HELLO SOJU SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

USER OBLIGATIONS

You agree not to do any of the following while using the Hello Soju Site:

• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of the Hello Soju Site or Hello Soju’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• You will not access the Hello Soju Site with any manual or automated process for any purpose other than to purchase Hello Soju products and/or services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Hello Soju Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
• Frame or link to the Hello Soju Site except as permitted in writing by Hello Soju .

ACCESS TO WEBSITE

You must be twenty-one (21) years or older to use this Website. If you are under twenty-one (21) years of age, you are not permitted to access this Website for any reason. By using this Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. All content, offers and promotions on this Website are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use. You agree that we shall not be responsible for any liability arising from the alleged illegality of products offered to you via this website. Any governmental employee, agency, or agent must identify themselves to the operators of Company upon their entering the Website.

SALE OF GOODS/SERVICES

Hello Soju may allow third parties to offer goods or services on the Website. Hello Soju undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions, pricing and images. However, Hello Soju does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk. We do not sell, offer to sell or solicit sales of alcohol. Our Website may enable you to search online for alcohol and other products available for sale by alcohol beverage licensees including retailers and other parties permitted to sell alcohol directly to consumers ("Licensees"). The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location; if you prefer, you may sort and filter results based on search criteria. Our service may be limited or not available at all in some places due to local law or other restrictions. When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.

ORDERS & DELIVERY

Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Website (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders, if applicable. Company shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders. Delivery is the sole responsibility of the Licensee. Company is not responsible for delivery of orders. Processing and delivery estimates are approximate, and Company is not responsible for any delays in delivery. The shipper reserves the right to request a scan of any customer’s photo ID for age verification before shipping any item.

Orders for delivery in USA

If you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay’s Privacy Policy, Terms of Use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network.

For your reference, please find AccelPay’s Terms of Service, which include information about any orders you make from them, at the following hyperlink: https://www.accelpay.io/company/legal. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.

TITLE AND OWNERSHIP

Title to, and ownership of, all products passes from Hello Soju to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home (state). By arranging for transportation of the products, Hello Soju is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Hello Soju, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcoholic beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, Hello Soju hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Hello Soju does not sponsor or endorse any of these companies or their services.

LINKS

The Hello Soju Site may contain links to other web sites or resources. You acknowledge and agree that Hello Soju is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Hello Soju Site does not imply that Hello Soju endorses the linked site.

ESTIMATED DELIVERY DATE

Hello Soju uses a third-party delivery service. Delivery times therefore serve as an estimated delivery date from the third-party. Delivery dates take transit times into account including weekends, holidays, and your chosen shipping speed. Hello Soju gives orders to our third-party delivery service without undue delay, but we will notify you if there is a delay on our part of items being shipped.

PROTECTION OF CONTENT PROVIDED BY HELLO SOJU AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the Hello Soju Site ("Site Content") are copyrighted materials owned by or licensed to Hello Soju. The Site Content may contain trademarks, service marks and trade names which are owned by Hello Soju and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Hello Soju, its affiliates, or third parties. "Hello Soju" is a business name and trademark of Hello Soju. Unless authorized in writing by an officer of Hello Soju, Hello Soju's trademarks may not be used in connection with any product or service that is not Hello Soju's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hello Soju. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Hello Soju or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Hello Soju Site. Nothing contained in the Hello Soju Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Hello Soju, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Hello Soju, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

Hello Soju respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Hello Soju's Designated Agent. 

Claims of infringement should be in writing and should be directed to Hello Soju's designated agent as specified below. Please include the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

NOTICES

Hello Soju will give you any necessary notices by posting them on the Hello Soju Site. You authorize Hello Soju to send notices via electronic mail as well if Hello Soju decides, in its sole discretion, to do so. You agree to check the Hello Soju Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Hello Soju Site.

DISCLAIMER OF WARRANTIES

ALTHOUGH HELLO SOJU ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE HELLO SOJU SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE HELLO SOJU SITE. HELLO SOJU DOES NOT WARRANT THAT YOUR USE OF THE HELLO SOJU SITE, OR THE OPERATION OR FUNCTION OF THE HELLO SOJU SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE HELLO SOJU SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. HELLO SOJU AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE HELLO SOJU SITE. THE HELLO SOJU SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HELLO SOJU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HELLO SOJU SITE, THE USE OR PERFORMANCE OF THE HELLO SOJU SITE, THE DELAY OR INABILITY TO USE THE HELLO SOJU SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HELLO SOJU SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HELLO SOJU SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HELLO SOJU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HELLO SOJU SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HELLO SOJU SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS HELLO SOJU'S LIABILITY OR YOUR REMEDIES.

ACCESSIBILITY INFORMATION

Hello Soju strives to have our website accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy soju-based drinks and spirits online. To accomplish this, we follow the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. We take this standard seriously. Here are a few measures we have taken to reach this goal: we have partnered with third parties to test our website for accessibility issues, changed our color contrasts, changed our website to allow for full keyboard access, and changed our website and applications to better accommodate those with assistive technologies. If there is any way you think we can make our website or mobile applications more accessible to you, please email us at support@accelpay.io with the subject line “accessible”.

PRIVACY POLICY

Your use of the Hello Soju Site is governed by the Hello Soju Privacy Policy.

TERMINATION OF YOUR HELLO SOJU ACCOUNT

Hello Soju may terminate your Hello Soju Account with or without cause at any time effective immediately. Multiple accounts, belonging to the same household, using the same promotional code are subject to account or order termination at the sole discretion of Hello Soju.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

Hello Soju shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Hello Soju shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Hello Soju shall immediately issue a credit to your credit card account in the amount of the charge.

Mobile Terms of Service

The Hello Soju, Inc. mobile message service (the "Service") is operated by Hello Soju, Inc. (“Hello Soju, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Hello Soju, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hello Soju, Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hello Soju, Inc.. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18336441860 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hello Soju, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18336441860 or email hello@hellosojiu.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

MODIFICATIONS TO PRICES OR BILLING TERMS

HELLO SOJU RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

FORCE MAJEURE

Hello Soju shall be excused from performance under this Terms of Service if Hello Soju is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Hello Soju.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from Hello Soju, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that Hello Soju and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Hello Soju Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Hello Soju to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hello Soju in writing. The Terms of Service, along with the Hello Soju Privacy Policy, comprises the entire agreement between you and Hello Soju and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Hello Soju. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Hello Soju shall be null and void. These Terms of Service will inure to the benefit of Hello Soju's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

DISPUTES

Any dispute or claim relating in any way to your use of any Hello Soju Service, or to any products or services sold or distributed by Hello Soju will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Hello Soju c/o Legal Department 6390 De Longpre Avenue, Hollywood, CA 90028, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Hello Soju Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hello Soju.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated April 4, 2023