Effective date: April 1st, 2020
Welcome to Cornershop. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"), including, without limitation, any request to receive information about, or to purchase any of the products made available by retail businesses ("Stores") through our website(s) (each, a "Product"). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Please read these Terms carefully. They cover important information about Services provided to youand any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Cornershop is a communication platform that facilities a connection between users, such as you, who wish to place order for Products from Stores ("Shopping Orders"), and individuals who carry out such Shopping Orders on behalf of you ("Shoppers") to be delivered to you (those individuals making such delivery are "Deliverers"). As discussed further below in the section titled "Do the Services Cost Anything?", the amount you pay in addition to the sale prices for the Products corresponds in part to the payment for the services provided by our Shoppers and Deliverers. You acknowledge and accept that each Shopper and the Deliverer is a contractor independent of Cornershop, acting on your behalf in providing services relating to a Shopping Order, and that Cornershop has no relationship with you other than to provide access to the Services as set out in these Terms.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change from time to time along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.cornershopapp.com, send you an email, and/or notify you by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What are the basics of using Cornershop?
You may be required to sign up for an account, select a password and user name ("Cornershop User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Cornershop User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services or Products in a way that breaks the law.
You will not share your Cornershop User ID, account or password with anyone, and you must protect the security of your Cornershop User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your Cornershop User ID and account.
Connecting You with Stores, Shoppers, and Deliverers
As described above, Cornershop is a platform connecting you with Stores offering Products, and Shoppers and Deliverers who pick and deliver Products from Stores to you.
Before ordering or receiving Products from any Store through the Cornershop platform, you are responsible for making your own determination that the Products are suitable. Cornershop is only responsible for connecting you with Stores, Shoppers, and Deliverers, and can't and won't be responsible for making sure that Products are up to a certain standard of quality. Cornershop similarly can't and won't be responsible for ensuring that information (including Product descriptions) provided by Stores is accurate or up-to-date. We don't control the actions of any Store, Shopper, or Deliverer.
Should any Product in a Shopping Order not be available when a Shopper is filling a Shopping Order, the Shopper will attempt to contact you to obtain further instructions. If the Shopper can't reach you, the Shopper has the discretion to either select a reasonably similar substitution for the unavailable Product (in which case you agree to be responsible for any additional charges related to the substitution), or remove the unavailable Product from the Shopping Order.
If a Product you receive is in poor condition or it is wrong, please report it to firstname.lastname@example.org or through the in-app chat so we can work on finding you a solution. We may, at our discretion, decide to provide a refund, which may be made either in Cornershop Credits or directly to the payment method used to place the Shopping Order.
Refunds made directly to a payment card may take 5 to 10 business days to be reflected in your account.
Returns are subject to the policies of each specific Store and branch and are not guaranteed.
What is Cornershop Pop?
Cornershop Pop is an optional subscription service that offers reduced costs for deliveries and exclusive offers to its members. The cost of a subscription to Cornershop Pop is published in Cornershop's app and website. The price is subject to change at any time but, after the beginning of your subscription term (e.g., monthly or annually), it will not be modified until the end of that term. Reduced delivery costs will not be applicable to any distance surcharges. The initial renewal setting for all subscriptions will be set to automatically renew subscriptions, and you will have the option to alter the renewal setting by entering to the menu "Account", option "Pop", and deactivating the button for "Automatic Renewal".
If you sign up for Cornershop Pop, you understand that you will be charged a recurring automatic fee. For more information about these fees and how to avoid an automatic renewal charge, please see the "Auto-renewal for Subscriptions" section below.
Cornershop reserves the right to cancel your subscription to Cornershop Pop without prior notification and at Cornershop's sole discretion. If Cornershop cancels your subscription, a monetary refund will automatically be processed to repay any fees you have previously paid for any days left in your subscription.
Can I order alcohol, tobacco, or vapor products through the Services?
The sale and other distribution of alcohol, tobacco, and vapor products are or may be subject to restriction under applicable law.
To order alcohol, tobacco (including cigarettes) and vapor products in a Shopping Order you must be of legal age to purchase the Product, and you must accept delivery in person. At the time of delivery you must show a valid government-issued photo identification to the Deliverer in order to verify your age. The Deliverer will not deliver the ordered alcohol, tobacco and/or vapor product if you are unable to comply with these Terms (including by showing identification to verify your age). Once the order is delivered to a person of legal age, who shows a valid form of government-issued photo identification and agrees to these Terms, it is that individual's responsibility not to share the alcohol, tobacco and/or vapor product order with any persons who are underage. Please ensure that you have your government-issued photo identification ready for age verification at delivery of the Shopping Order. FAILURE TO PROVIDE VALID GOVERNMENT-ISSUED PHOTO IDENTIFICATION WILL RESULT IN FORFEIT OF THE ALCOHOL, TOBACCO AND/OR VAPOR PRODUCT INCLUDED IN THE SHOPPING ORDER, AND A DELIVERY FAILURE CHARGE MAY BE CHARGED TO YOU.
If the delivery of any Shopping Order fails due to the absence of government-issued photo identification, Cornershop, its employees, agents and representatives, and the Deliverer shall have no responsibility or liability for such Shopping Order or the delivery failure.
Can I order medications through the Services?
Certain Stores may feature Products that include over-the-counter drugs or other medical products. If you place any Shopping Order that includes any Product that is an over-the-counter drug or other medical product, you acknowledge that your ordering and use of such Product is entirely at your own risk. You acknowledge and agree that Cornershop does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician- patient relationship exists between Cornershop and you as a result of your use of the Services.
We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.
CORNERSHOP MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS, OR HEALTH INFORMATION RELATING TO ANY OVER-THE-COUNTER DRUG OR OTHER MEDICAL PRODUCTS, AND CORNERSHOP, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, THE SHOPPER AND THE DELIVERER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH OVER-THE-COUNTER DRUG AND OTHER MEDICAL PRODUCTS (INCLUDING YOUR USE THEREOF) AT ALL.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Will Cornershop ever change the Services?
We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content or Products from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
How will Cornershop communicate with me?
As part of the Services, you may receive communications through the Services, including messages that Cornershop sends you (for example, via emailor SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Cornershop to send you information regarding your account or transactions with us or** that we think may be of interest to you, which may include Cornershop using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Cornershop, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Cornershop.** You agree to indemnify and hold Cornershop harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.
You acknowledge and agree that a Shopper or Deliverer may contact you in relation to a Shopping Order through any contact information provided in your account or in connection with such Shopping Order, or through contact information you provide directly to the Shopper or Deliverer. Cornershop does not bear any responsibility or liability for any such contact between you and any Shopper and/or Deliverer.
Are there restrictions on how I can use the Services?
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including Cornershop);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Cornershop;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your Cornershop User ID, account or anyone else's (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Cornershop's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Cornershop owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Should the Services permit the publication or uploading of any photographs, videos, comments, texts, messages or other content generated by users of the Services ("User Materials"), such User Materials will be deemed, at all times, to be non-confidential. By publishing or uploading User Materials to the Services, you hereby grant Cornershop a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, distribute, modify, show and transfer such User Materials for Cornershop's business purposes, including promotions, technical support and any other purposes of Cornershop or its Third Party Providers.
You represent and warrant that: (i) you are the owner of all User Materials you upload or otherwise provide through the Services, or you have the authorization of the owner of the User Materials for the publishing and uploading of the User Materials to the Services; (ii) the User Materials are not illicit, obscene, defamatory, offensive, pornographic, odious, racist or inadequate in any way; (iii) the User Materials will not damage the reputation of Cornershop or any third party; and (iv) you have all rights and authorizations to provide the User Materials and to make these representations and warranties to Cornershop, and in doing so you are acting in accordance with all applicable laws. Cornershop reserves the right to refuse to make any User Materials accessible through the Services, and to remove any User Materials from the Services, in Cornershop's sole discretion and without any previous warning, liability or responsibility to the User or any other person.
Cornershop does not support or endorse any kind of User Materials, including but not limited to any recommendation or advice, and you release Cornershop from any and all liability and responsibility relating in any way to User Materials generated by any user of the Services (including yourself). You understand and accept that User Materials may contain inaccurate, harmful or offensive information, and you agree that you will at no time lodge any complaint or file any legal claim of any nature against Cornershop in relation to any User Materials.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Cornershop. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Cornershop is not responsible for such risks.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Cornershop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Cornershop, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
What if I see something on the Services that infringes my copyright?
We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Cornershop's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Cornershop's Designated Agent at the following address:
Cornershop Technologies, Inc.
Attn: DMCA Designated Agent
44 Tehama St. San Francisco, CA 94105
Do the Services cost anything?
Access to the Cornershop website and mobile applications is currently free, but we reserve the right to change our pricing in the future. We will notify you before any such Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Products are offered at the prices set forth on the applicable Store page, and you may choose to purchase Products through the Cornershop website or mobile application. There may be limits on the quantity of any given Product you can purchase, and Cornershop reserves the right to cancel or refuse any order. In the event Cornershop needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Cornershop is required by law to apply sales tax to orders to certain states. Purchased Products will be delivered to the delivery address specified in the order. Information about delivery charges and return policies can all be found on our Frequently Asked Questions page. Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.
In addition to paying for the Products, you understand that use of the Services to place Shopping Orders will result in charges to you for the services provided by Shoppers and/or a Deliverers, which may include a commission charged by Cornershop ("Charges"). Cornershop will facilitate your payment of the applicable Charges as outlined below. Cornershop reserves the right to establish, remove and/or revise Charges for any or all Services or Products obtained at any time in Cornershop's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Cornershop will use reasonable efforts to inform you of Charges that may apply prior to you placing each Shopping Order, provided that you will be responsible for Charges incurred through your account regardless of your awareness of the amounts of such Charges. You may cancel your request for Services or Products at any time prior to payment for Products in a Shopping Order, in which case you may be charged a cancellation fee.
Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. If your primary Payment Method is found to be expired, invalid or otherwise not able to be charged, you agree that Cornershop may charge all applicable Charges and prices for the Products to any other available payment card or method saved in or linked to your account.
- Recurring Billing for Subscriptions. Some of the Services (such as Cornershop Pop) may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., ANNUAL) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
- Auto-Renewal for Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings, any recurring paid Services you have signed up for (such as a Cornershop Pop subscription) will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your recurring paid Services at any time, go to your account settings. If you terminate a recurring paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel the applicable recurring Service through your account settings or terminate your Cornershop account before the end of the recurring term.
- Reaffirmation of Authorization. Your non-termination or continued use of a recurring paid Service reaffirms that we are authorized to charge your Payment Method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the applicable recurring Service.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges.
Cornershop reserves the right to offer free or reduced-cost Services, deliveries, discounts, coupons, or credits to users ("Cornershop Credits") as part of its marketing campaigns, to incentivize use of the Services, or for any other reason or purpose at Cornershop's sole discretion. Cornershop Credits, if provided, will be made available in your user account, and may be applied to Shopping Orders placed after the provision of such Cornershop Credits. Under no circumstance can any Cornershop Credits be transferred from one user to another, or be exchanged for cash or other monetary value.
Cornershop Credits cannot be obtained through the creation of multiple user accounts. Each user may only have one user account on the Services. Cornershop Credits accumulated in multiple Cornershop accounts cannot be combined into one Cornershop account.
In any given Shopping Order, Cornershop reserves the right to liquify the total or any portion of the Cornershop Credits accumulated in your user account in order to pay for such Shopping Order or the delivery costs for such Shopping Order.
At the sole discretion of Cornershop, Cornershop Credits may be available for a limited time or may be limited to use for specific purposes and/or Products. Cornershop reserves the right to revoke any Cornershop Credits without notification at any time. Cornershop may suspend or terminate Cornershop Credits accumulated in your user account, your ability to participate in the accumulation of any Cornershop Credits, or any marketing campaign or other program granting Cornershop Credits, at any time and for any reason at Cornershop's sole discretion. Requirements and incentives relating to Cornershop Credits may be changed at any time by Cornershop at its sole discretion.
Cornershop Credits obtained as a result of illicit activities are null and void, with no effect. Cornershop reserves the right to suspend any user account or eliminate any recommendation if Cornershop notices any activity it believes to be illicit or abusive by any user or otherwise in relation to any Cornershop Credits.
What if I want to stop using the Services?
Cornershop is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Cornershop has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What about Mobile Applications?
I use the Cornershop App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:
- Both you and Cornershop acknowledge that the Terms are concluded between you and Cornershop only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Cornershop, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Cornershop, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Cornershop acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Cornershop acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
Can I refer other users?
From time to time Cornershop may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user ("Referrer") may refer individuals or entities who are neither current customers of Cornershop nor registered users of the Services ("Referee"). A registered user is a person or entity that already has an existing account with Cornershop. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Cornershop reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at our discretion for any reason or for no reason whatsoever. If Cornershop determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Cornershop reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Cornershop to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
What about my privacy?
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at firstname.lastname@example.org.
What else do I need to know?
Warranty Disclaimer Cornershop and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Cornershop and all such parties together, the "Cornershop Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Cornershop Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Cornershop Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS-IS" and without any warranty of any kind from the Cornershop Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).THE SERVICES AND CONTENT ARE PROVIDED BY CORNERSHOP (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Platform Security. Cornershop reserves the right to view, monitor, and record your activity on the Services without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Services; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other third parties as required for Cornershop to comply with any court orders or subpoenas involving requests for such information.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CORNERSHOP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CORNERSHOP IN CONNECTION WITH THE SERVICES (EXCLUDING PRODUCT PURCHASES) IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Cornershop Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account)and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Cornershop's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the state of California and the United States, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Cornershop and limits the manner in which you can seek relief from Cornershop. Both you and Cornershop acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Cornershop's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration.If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Cornershop will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Cornershop will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Cornershop may assert claims, if they qualify, in small claims court in San Francisco County, California, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND CORNERSHOP EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Cornershop are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Cornershop over whether to vacate or enforce an arbitration award, YOU AND CORNERSHOP EACH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Cornershop is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 44 Tehama St. San Francisco, CA 94105 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Cornershop to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Cornershop agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Cornershop.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Cornershop may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Cornershop agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Cornershop, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Cornershop, and you do not have any authority of any kind to bind Cornershop in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Cornershop agree there are no third-party beneficiaries intended under these Terms.