Last updated: March 20th, 2020
“Disputes & Arbitration”, Section 11 of these Terms states that any claims you and YOWD have against one another, including, without restrictions, any claims that emerged or were asserted prior to the effective date of these Terms will be submitted, with limited exceptions, to binding and final arbitration. Without opting out of the arbitration agreement, you will only be allowed to pursue claims and search for relief against YOWD individually and not as a class member or plaintiff in any representative action or class or proceeding. Also, you renounce your right to look for relief in a law court and to seek a jury trial on your claims. Please read Section 12 for additional information about this Arbitration Agreement, the possible effects of the agreement, and how to opt out of it.
The Services include a platform offering you one or more retailer virtual storefronts from which you can choose goods for taking, packing and delivery by “Personal Shoppers” to your destination. Taking, packing, or the delivery services may be done by third parties which include a retailer third-party logistics provider (accumulated, “Third Party Providers”). Every individual Personal Shopper will conduct delivery through their select method of transportation. Logistics or transportation services are provided by independent third-party contractors whom YOWD does not employ.
When you avail the Services to order products, you permit the purchase and delivery of the same from the retailers of your selection. Unless specified otherwise, you understand and agree that YOWD and the Personal Shopper are your agents in the taking, packing, and/or the delivery of items you purchased and are not the seller of the items. You acknowledge that your purchase is being made from the retailer of your choice, that the retailer is the merchant, and that the title to any item passes down to you when bought from the available retailer’s store. You also agree that YOWD or the applicable retailer will acquire a credit card authorization for your registered credit card with YOWD to cover the items’ costs which you have bought from the retailer and any extra YOWD fees, and cost for the items you have bought will be charged from your card along with any additional fees, taxes, and/or tips. Temporary authorization of your card will be required for amounts higher than the total amount of the purchased items showing up in the original check out. The greater authorized amount will be revealed during the buying process and is a temporary authorization charge on your order, to handle scenarios where your total amount of purchase appears to be greater than the original amount due to added items, special requests, weight adjustments or replacement items.
You understand and agree that unless clearly mentioned otherwise in these Terms or a separate agreement between YOWD and you, YOWD develops no employment or agency relationship with you and does not hold the ownership of any items which you order through YOWD’s Services.
Unless indicated otherwise, all the costs and other amounts are in the currency of the region where the delivery happens.
Periodically, there can be information on the Services that may contain inaccuracies, typographical errors, or exclusions related to promotional offers, product description, and availability. YOWD holds the right to rectify any inaccuracies, typographical errors or exclusions and to update or change information or cancel or refuse orders if any information on the Services is incorrect at any time without notice beforehand (including after your submission of the order and/or credit card has been charged). The prices of items on the Services may vary from the offered prices for the same products in the same retailer’s store.
1. Use of Services
YOWD allows you a revocable, non-transferable, non-exclusive, and limited access to use the Services for their intended purposes subject to your agreement with these Terms and the policies of YOWD. You may not sell, alter, copy, lease or distribute any piece of the Services. Unless you have YOWD’s written permission or the law prohibits such restriction, you may not try to extract or reverse engineer the source code of the Services. However, you can access the Services using the YOWD-provided interfaces for that purpose (for instance, you may not “frame” or “scrape” any part of the Services). You may also not try to disrupt the services or interrupt in any way.
You may be allowed to submit or upload content like video, images, text, links, lists, and other materials in few parts of the Services. You hold on to the rights in any content you submit or upload and are entirely liable for that content. You authorize YOWD a royalty-free, non-exclusive, transferable, global, sub-license to store, use, reproduce, distribute, publicly perform, publicly display, and make derivative works from, and disseminate any such content for improving, operating and providing the Services. In sole discretion, YOWD may take down or remove any content that you submit or upload to the Services for any reason, which includes breach of these Terms or any other policies.
You may also be able to access the Services via downloadable software. This software may need to automatically update itself on your device. Open source licenses may govern some software or portions of it in the Services. In such situations, YOWD will make the licenses available to you. If there is a conflict between these Terms and such a license, the open source license will manage, with respect to the software or its part, to whichever it applies. In case you use YOWD representing a business or similar entity, you work on behalf of them and warrant that you are necessarily authorized to bind that entity or business to these Terms and that you agree to these Terms on behalf of them.
To use these Services, you must create a user account. You acknowledge and agree that you are liable for all transactions and activities that occur on or using your user account and that you will act necessarily to secure your password, login information and other account information. You also agree that you will follow the guidelines and applicable laws when using or accessing the Services and you will regard those who you cross paths with when using the Services, which includes Personal Shoppers and people who support YOWD’s Help Center. YOWD holds the right to refuse full or partial delivery, decline orders, cancel orders and/or terminate accounts at any time in sole discretion.
YOWD is continuously modifying and improving its Services. We reserve the right to change current features, introduce new ones, or remove them from the Services without notice at any time. If you give any feedback or comment on or about the Services to YOWD, you allow the right to use such comments or feedback for any purpose neither with payment to you nor any restriction.
If you have a request for returns, refunds, or cancellation of orders, visit your account to initiate a request or review the Help Center articles for YOWD’s policies about the same.
2. YOWD Communications
Creating a YOWD user account is your compliance to accepting and receiving communications from YOWD or Personal Shoppers, which will comprise text messages, email, push notifications and calls on your provided cellular phone number. You acknowledge and agree that you may get pre-recorded messages and automated communications sent by or on behalf of YOWD, Personal Shoppers and/or affiliated companies, comprising but not restricted to communications related to orders made using your account on the Services. Data and message rates may be included. In case you do not want to be sent text messages, promotional emotions, or other forms of communications, you may choose to reject such communications at any time from your Account Settings. You can also opt out of getting cellular messages from YOWD by responding with “STOP” from your mobile device which receives the messages.
If and when you use the Services to order prescription drugs (where available), you acknowledge and agree that you will use your phone for direct customer inquiries. You also acknowledge and agree that YOWD and/or third-party pharmacies may send you push notifications, unencrypted SMS, and or other electronic messages relating to prescription drug items ordered through the Services. There is a risk where data in such communications can be read by any unintended third party. When you order a prescription drug item using our Services, you clearly disclaim any responsibility against YOWD for any damage or harm which is the result of or is related to any push notification, SMS message and/or other electronic messages.
3. YOWD Coupons
YOWD Coupons are the coupons of the manufacturers that, upon purchase, automatically applies to qualifying items to assist users in saving money on their favourite items. Coupons have limited time availability and may be subject to certain limitations. Coupons are subject to expiration, cancellation, or changes at any time. If you fail to buy the qualifying products added to your cart while the Coupon is in effect, its offer won’t apply. Coupons only apply to qualifying products showing the offer and may not be merged with main-in rebates or other promotional offers. YOWD in not a seller or retailer. The manufacturer of the advertised product issue and pay the Coupons. You to pay any applicable sales tax related to your use of the Coupon; you understand that YOWD has no obligation for the payment of any tax in relation to the use or dissemination of such Coupons. Upon a Coupon being redeemed, sales tax may be charged on the original undiscounted price of the item(s). You cannot sell, copy, transfer or modify Coupons. Coupons don’t have cash value. Coupons are good until stocks last, and are void where prohibited or restricted by law.
4. Retailer Memberships
You may be allowed to purchase memberships by specific retailer partners via the Services. If you buy a retailer membership via the Services, you acknowledge that the retailer will charge you separately and that you are directly buying the membership from the retailer and not YOWD. You understand that in case of any queries about your account management or membership, you have to contact the retailer.
5. Transactions related to Alcohol
YOWD may permit you to order alcohol delivery from specific retailers in various locations. You agree that you will abide by all applicable laws and refrain from causing YOWD, any retailer, or your Personal Shopper to breach any applicable restrictions. You agree that you are pass the legal age for drinking, possessing, and purchasing alcohol (19 years in Canadian provinces and 21 years in the US). By ordering alcohol products, you acknowledge and accept that neither a Personal Shopper nor YOWD can accept your order, and that the order will only be delivered if and after the retailer accepts your order. You also agree that the recipient, upon the delivery of such products, will need to show valid identification proof issued by the government, proving their age to their Personal Shopper who is delivering the products. You agree that the recipient will not be under the influence of any intoxications when acquiring the delivery, and that the recipient did not order alcohol intending to give it to someone who is under the legal drinking age or intending to resell those products. You give your full consent that in case of any other applicable legal requirements for the alcohol delivery not being met, YOWD holds the right to cancel the portion in your order that includes alcohol. YOWD will not honor any substitutions or special requests for buying alcohol products. Every request for purchasing alcohol will be denied if not made using the catalog provided through the Services when placing the order.
Those who buy alcohol via the YOWD platform for delivery within the State of Hawaii understand that it is illegal : 1) For a person under 21 years to buy or consume alcohol; 2) To use another individual’s identification proof to acquire knowledge; 3) To acquire liquor using false identification; or 4) To buy alcohol for others under 21 years. (Sections 281-78 & 101.5, Hawaii Revised Statutes).
6. Delivery of Prescription Drug Products
In specific geographic locations, you can avail the delivery of prescription drug products. You consent that YOWD is not a pharmacy and that YOWD makes no recommendations or referrals regarding which pharmacies to use for prescription processing. You also consent that you alone are responsible for the choice of the pharmacy which dispenses the prescription. YOWD does not offer warranties on the prescription drug products quality or the pharmacy’s provided services. You should directly get in touch with the pharmacy if you face any issues with the processing of your prescription.
You consent that, when the prescription drug products have been delivered, the recipient will provide the Personal Shopper with a valid identification proof issued by the government which proves their age, that the recipient (if not you) will indicate how you are related, and that the recipient did not order the prescription drug product to give it to someone else or to resell it.
You also consent that YOWD provides no medical diagnosis, treatment or advice, and that there is no physician-patient nor pharmacy-patient relationship between you and YOWD emerging out of your use of the Services. We recommend that you contact your pharmacist or healthcare professional regarding all health-related problems.
Your use of the YOWD platform to have us deliver a prescription drug product for a child or any other member of your household, you stand for and warrant that you don not intent to use or consume the medication but transfer it to the ultimate user or consumer for their consumption.
If you have a medical emergency, call 911 or get in touch with your local emergency assistance service immediately.
7. Third-party Content and Products
You agree that YOWD will not take the responsibility for any items, websites, content, advertisements, services, information, or products that third-parties provide and those the Services make available. If you buy, access, or use any such items, websites, content, advertisements, services, information, or products through the Services, you acknowledge and agree that you are doing so at your own risk and that YOWD will take no responsibility based on such purchase, access, or use.
8. Services provided as-is and release of claims
The Services are provided “as is” and “as available”. To the extent permitted by applicable law, YOWD renounces all warranties, conditions, representations, statutory, legal, express, or implied, including the implied conditions or warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement. Additionally, to the extent permitted by applicable law, YOWD makes no guarantee, conditions, warranty, or representation regarding the timeliness, suitability, quality, reliability, or availability of the services, any services that Third Party Providers or Personal Shoppers, or items ordered via the use of the Services from the retailers, or that the Services will be error-free or uninterrupted. YOWD does not guarantee the suitability, quality, ability or safety of Third Party Providers, Personal Shoppers, or retailers. You agree to any kind of risk emerging as the result of your use of the Services, any Services that Third Party Providers or Personal Shoppers provided, or any items you request or those which are delivered to you, remains entirely with you.
You agree, to the extent permitted by applicable law that neither YOWD nor its retail partners, affiliates, suppliers, or licensors are liable for the health or performance of any Third Party Provider or Personal Shopper or for any other Services provided by any Third Party Provider or Personal Shopper. Neither YOWD nor its retail partners, affiliates, suppliers, or licensors will be responsible for any claim, damage or injury emerging in relation to the acts or omissions of any Third Party Provider or Personal Shopper.
If you face any issue with one or more Third Party Providers or Personal Shoppers, you understand and agree to exclude YOWD (Including YOWD’s affiliates, and all of their respective officer, agent, director, shareholder, supplier, licensor, and retail partner) from any demands, damages and claims of every nature and kind, undisclosed and disclosed, unsuspected and suspected, known and unknown, emerging out of or is in any manner related to such issues.
You clearly renounce any rights you may have under California Civil Code Section 1542 (or analogous or other jurisdictions) stating - “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 must, would have materially affected his or her settlement with the debtor or released party.”
9. Restriction of responsibility
This provision applies to the maximum extent permitted by applicable law. Under no circumstance will YOWD (which includes its retail partners, affiliates, suppliers, licensors, employees, directors, and officers) be responsible to you for any punitive, special, incidental, indirect, or consequential damages (which includes, but isn’t restricted to, damages for loss of programs, loss of data, corruption, deletion, failure to store any content or other forms of information transmitted or maintained by the Services, Service interruptions, or for the cost required for procuring Substitute Services) emerging out of or is related to the Services or these Terms, emerging however including negligence, although the representatives or agents of YOWD know or have been recommended of the possible occurrences of such damages.
Under no circumstance shall YOWD (which includes its retail partners, affiliates, suppliers, licensors, employees, directors, shareholders, and officers) be responsible for any punitive, special, incidental, indirect, consequential, and/or exemplary damages (which includes nut isn’t restricted to bodily injury, physical damages, emotional discomfort and discomfort, and/or death) emerging out of your use of the Services, any Services that Third Party Providers or Personal Shoppers provided, or any items you request or those which are delivered to you, although YOWD or the representatives or agents of YOWD know or have been recommended of the possible occurrences of such damages.
YOWD, its retail partners, affiliates, suppliers, licensors, distributors and suppliers will not be responsible for aggregate responsibility for every claim relating to the Services, any Services that Third Party Providers or Personal Shoppers, or any items you request or those which are delivered to you over $100 or the sum total you paid to YOWD for the last 12 months of the Services.
By using YOWD’s Services, you agree to hold harmless, indemnify and defend YOWD and its retail partners, affiliates, suppliers, licensors, employees, directors, shareholders, and officers (each being an “Indemnified Party”) from and against and claims, costs, losses, damages, actions, expenses, fines and penalties, which includes unrestricted experts’ and attorneys’ expenses and fees, that an Indemnified Party may incur, emerging out of or is the result of your unauthorized use of the Services or from any violation of these Terms by you, which includes without restrictions any alleged or actual contravention of any rule, regulation, or law.
11. Disputes & Arbitration
If and when you face an issue with YOWD emerging out of your use of the Services, this Section 11 applies. You acknowledge and agree to get in touch with YOWD first and try to solve any such issue cordially.
For the United States residents, you agree to the mentioned compulsory arbitration provisions:
Compulsory Arbitration: If we fail to find a solution cordially, both YOWD and you agree to resolve any issues arising out of your use of the Services or these Terms via binding arbitration or a claims law court.
Class action waiver: To the maximum extent permitted by law, all claims should be brought in the capacity of the individual parties and not as a class member or plaintiff in any non-PAGA representative proceeding, collective action, or purported class (accumulatively “class action waiver). More than one person’s claims may not be consolidated by the arbitrator in any class arbitration. Entering into these terms is your agreement on both YOWD and you waiving the right to take part in a class action or a trial by jury.
Any lawsuit in which (1) the complaint is registered as a non-PAGA representative action, collective action, or a class action; and (2) the civil court of competent jurisdiction in which the complaint was registered discovers that the Class Action Waiver to be unenforceable ( and if sought, appellate review confirms such discovery), the Class Action Waiver can be separated from this Agreement and in such situations, the non-PAGA representative action, collective action and/or class action needs to be litigated in in a civil court of competent jurisdiction and not as a non-PAGA representative arbitration, collective arbitration, or in a civil court of competent jurisdiction.
Page Waiver: To the extent permitted by law, there will be no authority or right for any dispute to be heard, brought, or arbitrated in any action or a group basis in which a party wants to represent other individual(s) in a private attorney general action (“PAGA Waiver”). Only on individual basis may PAGA claims be arbitrated.
Any lawsuit in which (1) the complaint is registered as a private attorney general wanting to represent any individual(s) apart from the plaintiff in question; and (2) the civil court of jurisdiction in which the complaint was registered discovers that the PAGA Waiver in unenforceable (and if sought, appellate review confirms such discovery), the PAGA Waiver can be separated from this Agreement and in such situations, the private attorney general action needs to be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
In spite of any other clause this Agreement contains, any claim that the entire or part of the PAGA Waiver or Class Action Waiver is unconscionable, unenforceable, void, invalid or voidable may not be determined by an arbitrator but only by a court of competent jurisdiction. The PAGA Waiver and Class Action Waiver can be separated when a dispute is registered as an individual action and necessitates severance to make sure that the individual action moves towards arbitration.
Opt out of compulsory arbitration: You have the ability to decline this compulsory arbitration provision within 30 days of accepting these Terms by sending an email at email@example.com with your full name with a reason as to why you want to opt out of it. However, no other part of these Terms are affected by your opting out of the arbitration provision, which includes the provisions about controlling law or in which courts any disputes must be bought.
Arbitration Location and Procedures: JAMS will administer the arbitration under its Comprehensive Rules in effect when the demand for arbitration is made. In case any conflict between this Agreement and the rules occur, this Agreement shall apply. This also means that the Parties have agreed to the authority of an individual objective arbitrator chosen following the JAMS Comprehensive Rules.
The arbitration will take place in the United States where you work or live, Canada, or any other location YOWD and you mutually agree in writing.
Arbitration Fees: The payment of all arbitration fees will be governed by the JAMS rules, and under those rules every party will be liable for their own fees. But, YOWD will pay for your reasonable arbitration fees where (a) the claims do not seem frivolous under Federal Rule of Civil Procedure, and (b) the damage claim remains under $75,000. YOWD will not ask for arbitration costs or attorneys’ fees unless the arbitrator establishes the claims to be frivolous under Federal Rule of Civil Procedure 11.
Even without notifying us, you can stop using the Services at any time. In the same way, YOWD may cut down access to the Services to any user or stop giving the entire or part of the Services without notice at any time. In case of a Termination, Section 1 and Sections 4-15 survive and keep applying to you.
13. Controlling Law
To the extent the law permits, the laws of the Province of Ontario will govern these Terms for the residents of Canada (excluding Quebec), and by the laws of the State of California for the residents of the United States, without regard to its conflicts of laws principles. To the extent the applicable law permits, any claims emerging out of or is connected to the use of Services or these Terms that are not subject to Section 8 (Disputes & Arbitration) of these Terms will need to be exclusively brought in the courts of competent jurisdiction in the City of Toronto for the residents of Canada (excluding Quebec), the state or federal courts of San Francisco Country, California, USA, for the United States residents, and YOWD and you agree to the personal authority of these courts.
Only for the residents of Quebec, to the extent the law permits, the laws of the Province of Quebec will govern these Terms without regard to its conflicts of laws principles. To the extent the applicable law permits, any claims emerging out of is related to the use of the Services or these Terms that are not subject to Section 8 (Disputes & Arbitration) of these Terms need to be exclusively brought in the courts of competent authority in the City of Montreal, and YOWD and you agree to the personal authority of those courts.
14. Full Agreement & Severability
Subject to any modifications, amendments, these Terms or extra agreements you become a part of with YOWD, shall form the full agreements between YOWD and you with regard to the Services and any of its uses. In case any provision of these Terms is determined to be void by a court competent jurisdiction, that provision will only be restricted to the minimum necessary extent and the rest of the provisions will continue to be in full force and effect.
15. No Waiver
If YOWD fails to enforce or monitor a provision of these Terms, it does not form a waiver of its right to do the same again with regard to that provision, any other, or these Terms collectively.
No obligations, licenses, or rights may be assigned by you under these Terms, and any such attempts you make shall be void. YOWD has the authority to assign its obligations, licenses, and right without restriction under these Terms.
17. Alterations to the Terms
These Terms may be subject to changes by us from time to time. When YOWD does so, YOWD will post the updated version of the Terms on YOWD’s website and, if an alteration made to it is relevant, YOWD will inform you of the new Terms (for instance, via a notification on the Services or by an email). Revisions made to these Terms will not apply retroactively. If you do not consent to the altered Terms, you should discontinue using the Services of YOWD.
18. Copyright and Trademark Policys
YOWD regards the intellectual property rights of others and applied a copyright and trademark policy following the Digital Millennium Copyright Act and similar relevant laws. YOWD will acknowledge valid notices of copyright infringement and holds the right to terminate any user, without notice and at YOWD’s sole discretion, who contravenes the intellectual property rights repeatedly.
If any content made available or posted on the Services, you believe, has infringed your copyright rights, a written notice of infringement may be sent by you to YOWD’s specified Copyright Agents through the contact information below. In your notice, state the nature of the infringement and add the following information: (a) a description about the material you claim to have infringed the right along with the identification of the same material, an identification of the material you claim to have infringed your right, as well as the location of the material on the Services (for example, the URL of the material or other methods through which YOWD may find the material); (b) full contact information, along with the name, address, title, email address, and telephone number; (c) a physical or electronic signature of the copyright owner, along with the copyright owner’s name or an individual with the authority to act in lieu of the copyright owner (d) a statement made under penalty of perjury that the provided data in your notice is exact and that you are the owner of the copyright or have the authority to represent the owner; and (e) a statement that you sincerely believe that the owner of the copyright, its agent or the law did not authorize the disputed use.
ATTN: Copyright Agent
If any content made available or posted on the Services accounts for the breach of your trademark rights, you may also notify YOWD’s specified Copyright Agent by sending a notice using the contact information provided above. Note: include maximum detail so that YOWD may respond to your notice as soon as possible, including but not restricted to the products allegedly using your trademark without the right to(s), your trademark registration number (s), description(s) of your trademark(s), as well as the location of the allegedly breaching product(s).