Effective date: January 15, 2020
Welcome to Cornershop. Please read on to learn the rules and restrictions that govern your use of our applications, websites, products (but not including Retailer Products) and the services made available on our Platform (the "Services"), including, without limitation, any request to receive information about, or to purchase any of the products made available by, retail businesses ("Retailers") through our applications and websites (each, a "Product"). Your purchase of any Products will also be governed by any other terms made available by us to you during the purchase process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
Please read these Terms carefully as they cover important information about the Services and any charges, taxes, and fees you will pay for use of the Services. 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 THE 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.
THE ARBITRATION AGREEMENT SECTION OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WITHOUT LIMITATION A MANDATORY ARBITRATION PROVISION.
Cornershop operates a proprietary technology platform (the "Platform") that enables users, such as you, to purchase Products from Retailers ("Shopping Orders") and request the picking, purchasing and delivery of such Products from individuals (those individuals who carry out the picking and purchasing of Products are "Shoppers", those individuals who deliver the Customer Orders are "Deliverers" and, together, the Shoppers and Deliverers are "Contractors"). In addition, the Platform offers, or may offer in the future, the ability for you to make requests for other services to be provided by Contractors ("Other Orders" and, together, Shopping Orders and Other Orders are "Customer Orders"), such as the retrieval of Products from you by a Shopper and the return of such Product to a Retailer. You acknowledge and accept that, by placing a Customer Order, you are entering into a separate contractual arrangement with your Contractors for such Customer Order. You further acknowledge and accept that each Shopper and Deliverer is a contractor independent of Cornershop, acting on your behalf in providing services relating to a Customer Order, and that Cornershop has no relationship with you other than to provide access to the Services as set out in these Terms.
We are constantly trying to improve the Services, so these Terms may need to change from time to time along with the Services. We reserve the right to change the Terms at any time, but if we do, we will post such updated Terms at this location.
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 access or use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
You may be required to sign up for an account, select a password and user name (which may be your email) ("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 law, then you aren't authorized to use the Services or Products. We can't and won't be responsible for your use of the Services or Products in a way that violates applicable 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 technology platform that connects you with Retailers offering Products, and Contractors who fulfill Customer Orders.
Before ordering or receiving Products from any Retailers through the Platform, you are responsible for making your own determination of whether the Products are suitable. Cornershop is only responsible for connecting you with Retailers and Contractors, 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 Retailers is accurate or up-to-date. We don't control the actions of any Retailer or Contractor.
Should any Product in a Shopping Order not be available when your Shopper is filling a Shopping Order, your Shopper will attempt to contact you (by contacting the email address and/or phone number provided at the time the Shopping Order was made) to obtain further instructions. If your Shopper can't reach you, you grant your Shopper 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 five (5) to ten (10) business days to be reflected in your account.
Returns are subject to the policies of each specific Retailer and branch, and are not guaranteed.
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, in its sole discretion, reserves the right to cancel your subscription to Cornershop Pop without prior notification. If Cornershop cancels your subscription, a monetary, prorated refund will automatically be processed to repay any fees you have previously paid for any days left in your subscription.
You can cancel your Cornershop Pop membership at any time by either going to the Account" page and following the instructions for cancelation or sending an email to email@example.com. Upon cancelation of the one (1)-year subscription plan, Cornershop will refund a prorated portion of the fees you have previously paid for any months left in your subscription. If you cancel within the first thirty (30) days, you will receive a full refund. In order to receive a full refund for monthly subscription plans, you must cancel within one (1) day of subscribing.
In the event that a third party offers a promotion to certain of its users that includes benefits enjoyed by Cornershop Pop members (i.e., free delivery), such promotion shall be subject to and governed by the terms, conditions and restrictions applicable to such third party promotion and shall in no way be construed as providing a Cornershop Pop membership or the same benefits of a Cornershop Pop membership to such user.
Notwithstanding terms and conditions of other promotions offered by Cornershop or third parties, Cornershop, in its sole discretion, may permit Cornershop Pop membership benefits to be combined with other promotions.
The sale and other distribution of alcohol, tobacco (including cigarettes), cannabis (including cannabis-related products) and vapor products are or may be subject to restriction under applicable law.
Only Eligible Individuals may purchase alcohol products ("Alcohol Products") in a Shopping Order and accept delivery of an Alcohol Product. An "Eligible Individual" is an individual that is of legal drinking age (as defined in the applicable jurisdiction(s) in which the Shopping Order is made and delivered). In the United States, an Eligible Individual is a person who is at least 21 years of age.
Alcohol Products can only be delivered to a residence or a private place and must be delivered to, and accepted by, an Eligible Individual. It is your responsibility to ensure that an Eligible Individual is present to receive delivery of the Alcohol Product. At the time of delivery, the Eligible Individual receiving the Alcohol Product must show the Deliverer a Valid ID in order to allow the Deliverer to verify the Eligible Individual’s age, and the Deliverer will also confirm whether or not the Eligible Individual appears intoxicated. A "Valid ID" is an acceptable form of identification that is current, government-issued and includes a photo of the Eligible Individual and the birth date.
The Deliverer will not deliver the Alcohol Product if the recipient of the Alcohol Product is not an Eligible Individual, does not provide a Valid ID and/or appears intoxicated. Once the Alcohol Product is delivered, it is the responsibility of the Eligible Individual not to share the Alcohol Product with any individual that is under the legal drinking age.
You acknowledge and agree that delivery of an Alcohol Product may be refused at any time and for any reason whatsoever, including, but not limited to, if:
- The Deliverer is not satisfied that the individual receiving the Alcohol Product at the delivery address is an Eligible Individual;
- The Deliverer determines, in his or her sole discretion, that the Eligible Individual appears intoxicated;
- Cornershop or the Deliverer suspects that the Alcohol Product was purchased for, or will be consumed by, individual under the legal drinking age; or
- Cornershop or the Deliverer is not satisfied that the delivery can be made in compliance with applicable laws and these Terms.
If there is no Eligible Person present to receive the Alcohol Product, if the Eligible Person fails to provide a Valid ID or appears intoxicated or if delivery is refused for any of the reasons set forth above, or for any other reason whatsoever, the Deliverer will not deliver the Alcohol Product and Cornershop will provide you with Cornershop Credits equal to the amount you paid for such Alcohol Product, less the delivery fee and the Customer Order Fee (as defined below) charged for such Shopping Order. In addition, a delivery failure fee may be charged to you. In the event of a failed delivery of an Alcohol Product, neither Cornershop, its employees, agents or representatives, nor the Deliverer shall have any responsibility or liability for such Shopping Order or the delivery failure.
In accordance with applicable law and regulations, and due to operational considerations of the Platform, Delivery of Alcohol Products can only be made on certain dates and at certain times. If for any reason your Shopping Order that contains an Alcohol Product cannot be delivered within those timeframes, your Shopping Order will be rescheduled for the next available and permitted date and time, and you will have the opportunity to accept or cancel the Shopping Order.
Pursuant to applicable law and regulations, Shopping Orders that contain Alcohol Products may not be eligible for promotional credits or free delivery, including Shopping Orders made by members of Cornershop Pop. In such cases, notwithstanding anything to the contrary in these Terms (including the terms and conditions applicable to a Cornershop Pop membership), a delivery fee will be charged to subscribers of Cornershop Pop or any other eligible subscription service for, and/or promotional credits will not be applied to, Shopping Orders that contain an Alcohol Product. In addition, for Shopping Orders that contain an Alcohol Product, certain restrictions may apply to other promotions that would otherwise be applied directly to the total of such Shopping Order.
Tobacco, Cannabis and Vapor Products
The Platform does not currently support the sale or delivery of tobacco (including cigarettes), cannabis (including cannabis related-products) or vapor products.
Certain Retailers 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, AND THE CONTRACTORS 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.
We're always trying to improve the 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 (as defined below) 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.
As part of the Services, you may receive communications through the Platform, including messages that Cornershop sends you (e.g., via email or 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 your Contractor 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 your Contractor. Cornershop does not bear any responsibility or liability for any such contact between you and any Contractor.
You represent, warrant and agree that you will not contribute any Content or User Submission (as 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 applicable 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, your account or anyone else's account (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.
The materials displayed or performed or available on or through the Platform, including, but not limited to, the Cornershop name and logo and all text, images, audio files, video files, graphics, information, drawings, designs, schemes, ads, news, data, scripts, software, maps and interactive characteristics presented on the Platform (and any software and subjacent programming codes), programs or computational algorithms (in any format), programing modules, operational guidelines, or any content created, provided for or in any way generated by Cornershop or users (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 Platform, you hereby grant Cornershop and its affiliates 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 without limitation, displaying Product images, 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 to the Platform, or you have the authorization of the owner of the User Materials for the publishing and uploading of the User Materials to the Platform; (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 Platform, and to remove any User Materials from the Platform, 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 Platform?
Any information or Content publicly posted or privately transmitted on the Platform 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 Platform, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Platform 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 the 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 Platform 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.
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 Platform 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 and/or email:
Cornershop Technologies, Inc.
Attn: DMCA Designated Agent
1515 3rd Street, San Francisco, CA 94158
Do the Services cost anything?
Access to the Platform 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.
For Shopping Orders, Products are offered at the prices set forth on the applicable Retailer page (which prices may be different from in-store prices for various reasons, including without limitation in-store promotions, and such differences may not be honored on the Platform), 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 Shopping Order. Purchased Products will be delivered to the delivery address specified in the Shopping Order. For Other Orders, Customer Order Fees (as defined below) will be as set forth on the Cornershop website or the mobile application at the time you place such Other Order. 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 on Customer Orders, delivery fees and Customer Order Fees, as applicable, will be determined by the shipping address of the Customer Order and will automatically be added to the Customer Order, as applicable. Cornershop is required by law to apply sales tax to certain Customer Orders in certain states. Unless explicitly stated, any sales tax applied by Cornershop to Customer Orders and shown on the Platform is an estimate. Sales tax on Customer Orders, delivery fees and Customer Order Fees is determined at the point of purchase. 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 completing the Customer Order are deemed part of these Terms.
In addition to paying for the Products, you understand that use of the Services to place Customer Orders will result in charges to you for the services provided to you by your Contractors, which may include a commission charged by Cornershop ("Customer Order Fees"). Cornershop will facilitate your payment of the applicable Customer Order Fees as outlined below. Cornershop reserves the right to establish, remove and/or revise Customer Order Fees for any or all Services or Products obtained at any time in Cornershop's sole discretion. Further, you acknowledge and agree that Customer Order Fees applicable in certain geographical areas may increase substantially during times of high demand. Cornershop will use reasonable efforts to inform you of Customer Order Fees that may apply prior to you placing each Customer Order, provided that you will be responsible for Customer Order Fees incurred through your account regardless of your awareness of the amounts of such Customer Order Fees. You may cancel your request for Services or Products at any time, but in the case of a Shopping Order, only prior to payment for Products in such Shopping Order. In each case you may be charged a cancellation fee.
Cornershop does not designate any portion of your payment for the Products or Customer Order Fees as a tip or gratuity to a Contractor. You understand and agree that, while you are free to provide an additional payment as a gratuity to a Contractor in connection with fulfilling a Customer Order (“Gratuity”), whether through the Platform or in cash, you are under no obligation to do so. Gratuities are voluntary. In connection with any Customer Order, the Gratuity amount may be set to a default percentage greater than 0%. You can edit the Gratuity amount prior to completing the Customer Order on the Platform or up to one hour after your Customer Order is delivered.
Note that if you elect to receive text messages through the Platform, 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.
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 term, 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 Credits; Samples
Cornershop reserves the right, in its sole discretion 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. Cornershop Credits, if provided, will be made available in your user account, and may be applied to Customer 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 Platform. Cornershop Credits accumulated in multiple Cornershop accounts cannot be combined into one Cornershop account.
For any given Customer Order, Cornershop reserves the right to use the total or any portion of the Cornershop Credits accumulated in your user account in order to pay for such Customer Order or the delivery costs for such Customer 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 in Cornershop's sole discretion. Requirements and incentives relating to Cornershop Credits may be changed at any time by Cornershop in 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.
In addition to Cornershop Credits, Cornershop may, in its sole discretion, include samples of a product or products with your Shopping Order as part of a marketing campaign or for any other reason or purpose.
What if I want to stop using the Services?
Cornershop is also free to terminate (or suspend access to) your access and/or 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 firstname.lastname@example.org – 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 Platform. For details of any current referral offers, please see our referral page. The referring user ("Retailers ") may refer individuals or entities who are neither current customers of Cornershop nor registered users of the Services ("Retailers "). 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 email@example.com.
What else do I need to know?
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 Platform or Services, 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 Platform or 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 Platform or 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 PLATFORM, 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 PLATFORM AND 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.
Cornershop reserves the right to view, monitor, and record your activity on the Platform 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.
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 Platform and 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 ("Claims"), 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).
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.
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: 1515 3rd Street, San Francisco, CA 94158, Attn: Cornershop Legal 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 or to meet its legal obligations. 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.