Terms and Conditions ("Terms")

 

Last updated: September 28, 2017

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Fetchstr mobile application (the "Service" or the “App”) operated by Fetchstr, LLC ("us", "we", "Fetchstr", or "our").

 

Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. BY CREATING AN ACCOUNT, ACCESSING, BROWSING, OR USING THE SERVICE (INCLUDING ANY APP), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Subject to your compliance with all terms and conditions herein, Fetchstr grants you permission to use the Service as set forth in the Terms as well as a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format, solely for your personal use, on your mobile device(s) (you may only sign into the App on one device at a time).

 

The App provides features that enable Fetchstr to match you with other users of the App (“User” or “Users,” as applicable) for the purposes of placing orders and delivery orders based on your respective locations. In order to use the App, you must allow Fetchstr access to your localized position through your mobile device, which Fetchstr may accomplish through a variety of means, including GPS location, if available. If you choose to disable location access, you will not be able to utilize certain features of the App. By authorizing Fetchstr to access your location, you agree and acknowledge that (i) device location data we collect from you is directly relevant to your use of the App and (ii) Fetchstr may provide services related to your then-current location.  These services are for basic location purposes only and are not intended to be used for precise location information. Fetchstr is not responsible for and does not guarantee the accuracy of location-based Services. Please see Fetchstr’s Privacy Policy for further information.

 

User Rights and Responsibilities

 

Conduct

 

When you create an account, you guarantee that you are over the age of 18, and that the information you provide us is accurate, complete, and current at all times. The App may only be used by those persons who are able to form legally binding contracts under applicable law.  Inaccurate, incomplete, or obsolete information may result in the termination of your account.

 

You may not allow other persons to use your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You shall not disrupt or interfere with the App or the servers or networks connected to the App through any tools or methods.  You shall not use data mining or similar tools, or otherwise attempt to modify, defeat, reverse-engineer or work around any security features of the App.  You shall not interfere with service to any User or network, transmit a virus or malicious code to the App, or overload the App.  Violations of this provision may potentially result in civil or criminal liability.

 

You may not in your access or use of the App cause nuisance, annoyance or property damage, whether to Fetchstr, other Users, or any third party.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

You shall not request, purchase or seek to have delivered any items, the purchase or delivery of which would violate any applicable law or regulation (including without limitation, weaponry, controlled substances or illegal drugs).

 

You shall not intimidate, threaten, stalk, harass, or bully any other person with respect to your use of the App or orders/deliveries facilitated via the App.

 

You will pay all applicable federal, state and local taxes based on your receipt of any funds/payments due to your use of the App.

 

When you agree to “fetch” an order, you will place the order at the store or restaurant in accordance with the other User’s instructions, complete the “fetch” and deliver the order in a timely fashion to the designated drop-off location.

 

Posting Information on the App

 

Users have the ability to post, submit, record, or transmit notifications, announcements, offers, requests or other content, messages or materials on or through the App, including without limitation, “Shouts” or feedback regarding other Users (the “User Contributions”).  Fetchstr is not responsible or liable in any way for the content or accuracy of any User Contributions posted by any User of the App.  All statements and/or opinions expressed in any User Contributions, other than content provided directly by Fetchstr, are solely the opinions and responsibility of the User posting the User Contribution, and do not necessarily reflect the opinion of Fetchstr.

 

By posting any User Contributions on or through the App, you acknowledge that you are responsible for any User Contributions you post, and you, not Fetchstr, are fully responsible for the content, accuracy, and legality of such User Contributions. Although Fetchstr may from time to time monitor or review any feedback, postings, and other User Contributions posted via the App,  Fetchstr is under no obligation whatsoever to do so and assumes no responsibility or liability arising from the content of any such User Contributions, nor for any error, defamation, slander, libel, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information appearing on the App, other than information posted directly by Fetchstr.  You are hereby prohibited from posting, disseminating or transmitting any misleading, unlawful, threatening, defamatory, slanderous, libelous, false, fraudulent, obscene, inflammatory, pornographic, harassing, violent, deceptive, or profane material on or through the App, or any other material that could constitute or encourage conduct that would (i) be deemed a criminal offense, (ii) give rise to civil liability, or (iii) otherwise violate any law.  Use of the App constitutes consent for Fetchstr to refuse to post, remove, monitor, modify, reject or eliminate the information appearing on the App (including User Contributions) from time to time without prior notice as it deems necessary in its sole discretion in order to comply with any applicable laws or regulations, or to protect itself or its Users.  Further, you consent to the disclosure of your identity or other information about you by Fetchstr to any third party who claims that User Contributions posted by you violate their rights or to law enforcement personnel who claims that User Contributions posted by you relate to an illegal or unauthorized use of the App.  Fetchstr has the right to terminate or suspend your access to the App for any violation of these Terms.

 

All User Contributions must comply fully with these Terms.  All User Contributions transmitted via the App will be deemed non-confidential and non-proprietary.  By transmitting any User Contribution via the App, you grant Fetchstr and its respective licensees, successors and/or assigns the right and license to use, reproduce, modify, display, distribute and disclose the User Contribution to third parties without limitation, subject to these Terms and the Privacy Policy. 

 

Please carefully select any personal information you choose to transmit or post via the App. Fetchstr is not responsible for the use of any personal information that you disclose to other Users via the App or during the performance of delivery services being provided by other Users.

 

Payments

 

When you place an order via the App, you agree to reimburse the person fetching the order for the cost of the order (including any applicable taxes or similar legally mandated charges), and to pay the fee amount you set when you placed the order, as well as any tips you may voluntarily elect to pay the person who delivered the order. Fetchstr’s third party payment processor, Stripe, may charge a transaction fee in connection with processing payments (please review Stripe’s policies and charges at its website, www.stripe.com). All payments, whether payments made for delivery of an order, or payments received for “fetching” an order, are processed by Stripe.  Fetchstr may replace its third-party payment processor without notice to you.  All charges are non-refundable. When placing an order, Fetchstr or its payment processor may temporarily authorize your credit card for the estimated order total. Once you receive your items and click the “pay” button, Fetchstr or its payment processor replaces the temporary authorization with the confirmed delivery total. Cash payments are prohibited.

 

When you “fetch” an order, you will receive reimbursement for cost of purchasing the product ordered and the amount of the fee amount set where the order was placed. You will also receive any tips a User placing an order elects to provide to you.  Fetchstr will process all payments due to you through its third party payments processor. You acknowledge and agree that such payments will not include any interest and that Fetchstr may withhold any amounts that Fetchstr is required to withhold by law. Fetchstr reserves the right to withhold any amounts payable if we believe you have abused the App or violated law (as an example, if a receipt was fraudulently altered and an excessive reimbursement amount charged), or if we need to resolve another User’s complaint (as an example, if you failed to deliver or close out an order).

 

Communications from Fetchstr

 

By using the App, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications (subject to the opt-out provisions set forth herein). You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Such communications may include but are not limited to: operational communications concerning your account, orders placed/delivered in connection with your use of the App, updates with regard to new features of the App, and communications concerning promotions run by us. Standard phone charges and text messaging charges applied by your cell phone carrier will apply to calls we place or text messages we send to you directly.

 

Use of Personal Data

 

The App obtains the information you provide when you download and register the App. Creation of an account with us is mandatory in order to be able to use the basic features of the App.

 

When you create an account and use the App, you generally provide (a) your name, email address, age, user name, password, telephone number, university or college where you are located, and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card and banking information for making and receiving payments in connection with your use of the App, and; (e) information you enter into our system when using the App, such as contact information and order/delivery  information. If you either register for the App with a third party social media provider (such as Facebook) or link your account with such a social media provider to the App, we will receive access to information from your profile, such as your name, gender, pictures and “friends” on the account. You can select certain information to post to your publicly available “profile”.

 

In addition to information provided to us, during the time period that a “fetch”/delivery is active, both the person(s) who placed the order and the person who is “fetching” the order are automatically permitted access to each other’s telephone numbers so that they can communicate directly if there is a problem with the order. By placing an order or agreeing to make a “fetch,” you are deemed to be consenting to the disclosure of your telephone number to the other User. We do not monitor or record telephone calls made or text messages exchanged among Users. We do not receive or retain information regarding timing or the duration of telephone calls, or the content of text messages exchanged, unless this information is directly provided to customer support by a User in connection with resolving an issue.

 

We may also use the information you provided us to contact you from time to time to provide you with important information, notices and marketing promotions per our Privacy Policy.

 

Automatically Collected Information 

 

The App may collect certain technical information regarding your use of the App automatically. 

 

Further, if you connect the App to social media providers, we may automatically receive additional information from these social media providers.  Further, if you connect to the App via a third party service (such as API providers), we may share information about your use of the App with that third party provider. Please review their respective terms of use/privacy policies.

 

Please review our Privacy Policy for further information.

 

Location Information

 

When you initially open the App and while the App remains open, we automatically receive information about your location. Each time you open the App, your location information is automatically updated. We update your location data in order to display potential “fetch” requests in your proximity in the App and to send you alerts about nearby pending “fetch” requests.  If you have selected the “Always Allow Location Access” option, if the App is in the background, your location information will be automatically refreshed periodically. We may use GPS technology (or other similar technology) to determine your current location in order to display a location map with relevant notifications. We will share your current location with other Users of the Fetchstr community or third party partners. However, your location refreshes each time the App is closed (or periodically if you have selected the “Always Allow Location Access” option) and we do not retain past location information. We need your location information in order to match people placing orders and “fetchstrs”.

 

When you use the “Shout” feature, your GPS location is automatically collected and other members of the Fetchstr community in the area receive notifications of your location in order to solicit potential orders. Use of this feature is optional. When you are “fetching”, real-time GPS technology is also used to determine your location in order to assist you in navigating to the “pick-up” and “drop-off” locations.

 

Third Party Access

 

User-provided information and automatically collected information may be disclosed as set forth in the Fetchstr Privacy Policy.

 

Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of Fetchstr, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fetchstr, LLC.   

 

Links to Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Fetchstr, LLC.

 

Fetchstr, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Fetchstr, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

You have the option to link your Fetchstr account with third party social media sites (including without limitation, Facebook). We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

If you wish to terminate your account, you may simply discontinue using the App.  You can stop all collection of information by the App easily by uninstalling the App.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Fetchstr, LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.   

   

No Representations/Warranties; Limitation of Liability

 

THE APP IS PROVIDED ON AN “AS IS ” BASIS WITHOUT WARRANTIES OF ANY KIND, AND FETCHSTR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  FURTHERMORE, FETCHSTR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP WILL BE ERROR FREE, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE ON OR FROM THE APP IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT REPRSENT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED. FETCHSTR IS NOT IN THE BUSINESS OF MAKING DELIVERIES, CANNOT ENSURE THAT ANY DELIVERY WILL BE COMPLETED AND HAS NO CONTROL OVER THE DELIVERY SERVICES PROVIDED BY OTHER USERS VIA THE APP. FETCHSTR DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE APP. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

To the maximum extent permitted by law, in no event shall Fetchstr, LLC, nor its members, managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service, including other Users; (iii) any content or products obtained via the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Fetchstr, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

You are responsible for providing the data network access necessary to use the Service. Cellular telephone minutes, network data and messaging rates and fees may apply if you access or use the Service from your mobile device. Please review your network carrier’s rates and policies before using the Service, as you are responsible for any such connection charges relating to your use of the Service.

 

You agree and acknowledge that performing deliveries or “fetches” via the Service shall not give rise or be deemed to give rise to an employment relationship or to create or be deemed to create a joint venture, franchise, agency, or similar relationship with Fetchstr.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of New Jersey, in the United States of America, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements regarding the Service.


Dispute Resolution and Arbitration

 

In the interest of resolving disputes between you and Fetchstr in the most expedient and cost effective manner, you and Fetchstr agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Fetchstr are each waiving the right to a trial by jury or to participate in a class action.

Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

Any arbitration between you and Fetchstr will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Fetchstr.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or overnight mail carrier (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Fetchstr's address for Notice is: Fetchstr, LLC, 80 Kero Road, Carlstadt New Jersey 07072. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Fetchstr may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Fetchstr shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Fetchstr shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Fetchstr in settlement of the dispute prior to the arbitrator's award.

YOU AND FETCHSTR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fetchstr agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

If you commence arbitration in accordance with these Terms, Fetchstr will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Morris County, New Jersey, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Fetchstr for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

In the event that Fetchstr makes any future change to this arbitration provision (other than a change to Fetchstr's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Fetchstr's address for Notice, in which case your account with Fetchstr shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time for any reason. We will notify you of any changes to the Terms by posting the new Terms on our website at www.fetchstr.com and informing you via email or text message. You are advised to consult these Terms regularly for any changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us via email at support@fetchstr.