Snackz App's Terms and Conditions
Last Update: November 2020
Thanks for Visiting SnackzApp.com.
The following Terms and Conditions (these "Terms and Conditions"), govern your access to
Www.SnackzApp.Com (the “Site”), and use of our mobile applications (collectively the “App” ),
and your participation in our Brand Ambassador program (the “Program”, and together with the Site and App, collectively the “Services”), which are operated by Snackz App LLC or its subsidiaries, licensees and affiliated companies (“Snackz App”, “we”, “us”, or “our”).
Please read the Terms and Conditions carefully before you start to use the Site or App. By using the Site, opening an account on the app or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy . If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access the app or use the Site. Please read the articles below For more detailed policies on the activity and usage of our app and the Site herein.
The App and site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this app , site and (or) any snackz app services. By using this app and Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the app or use the Site.
Snackz App Support team is available 24/7 to customers who have any questions regarding the app , the Site or Terms and conditions. You may reach our Support Team by Emailing Support@SnackzApp.Com , by mail : Snackz App LLC, P.O. Box 871, Morrisville, PA,19067, or Phone 215-402-7000.
USED TERMS:
Customers : are users who purchase products on the App or site .
Disputes : are disagreements from a transaction after an order or delivery between a customer and merchant ( us) through the app .
Brand Ambassdors : Are any individual or entity we work with or we compensate the products we sell,in exchange for something in mutual. Including helping us gain followers , grow, and help us make sales from their audiences.
Orders: are the formal agreement between a customer and Snackz App after a purchase was made from the Checkout screen within the app.
Transaction fee : is a 2.95% fee payment processor charge merchant (us) every transactions for accepting credit and debit cards on our platform. These fees are past on to customers that wish to use those payment methods mentioned above.
Cancellation fees : Are fees charged to customers for cancellating an order while a driver was in route to their delivery address . These fees are collected from customers and given to drivers as compensation for their time in route .
Tips : are money given to drivers by customers as a courtesy ( Minus payment processor 2.95% fees)
Payment Processor (s): are third parties that accepts payments on behalf of us from customers in connection with the app, including with respect to collection of funds from customers in connection with the purchase of products, remittance and withdrawal of funds to drivers in connection with delivered orders , and the holding of funds in connection with the platform Balances.
Users : is any person who signs up for the app including drivers, customers , and brand ambassadors under the terms and conditions
Delivery Fee : is the money that drivers earn from completed deliveries and can either receive in cash or wait for weekly deposits. subject to these Terms as well.
Drivers: are contractors who offer to complete deliveries in exchange for a delivery fee and perform services through placed orders available from customers on Snackz App driver login screen.
Main Terms ( Easy Understanding)
a. You may Only use the app or site if you're registered app users and (or)a driver approved to deliver orders on the app. Free registration for all users
b. Customers pay Snackz app in advance to place an order
c. Drivers must complete their deliveries that are placed in their queue, and may not cancel deliveries on a regular basis without a reasonable cause. Cancelling orders frequently may lead to deactivation of account without notice .
d. Customers who choosed to pay in cash may not offer to pay drivers using any other
payment method other than what they indicated on the app while checking out on the app or through Snackzapp.com.
e. Customers acknowledge that once order is accepted upon delivery of order we can not accept returns . Unless otherwise specified as eligible for refund in our refund policy . Note: Refunds may not include delivery fee. See our “Refund ” policy.
f. Snackz App retains the right to use all brand ambassadors and customers submited content such as image and videos for Snackz App marketing and promotion purposes.
g. No users are permitted under the age of 14 .
Drivers Basics
• Drivers should only sign-in to the Snackz App when they are ready to deliver orders placed by customers for immediate delivery .
• Delivering for Snackz App does not make you an employee. Our app is designed to help freelancers take a break from their desk .
• Each order a driver successfully delivers upon acceptance by customers , driver will then be compensated 100% of the delivery fee paid by customers during their order. Delivery fee range from $1.85 -$2.50 per delivery excluding tips given by customers.
• Snackz App credits Drivers once an order is completed. See the "Orders" section in the driver portal for completed orders and earning oveview.
• If a driver cancelled an order (for any reason), the delivery fee will not be credited to them , it will be returned to the customer’s payment method.
• Drivers Earnings are only made available for withdrawal from the order page following a payment clearance period of 7 days after the customer order is marked as delivered.
Top Rated Drivers and associates are eligible to withdraw earnings after 24 hours on business days.
• Driver's rating are calculated based on the reviews left by customers after a delivery.
In certain cases, exceedingly low ratings may lead to the suspension of the Driver’s account.
• For security concerns, Snackz App may temporarily disable a Driver’s eligibility to withdraw cash to prevent fraudulent activity. This may be a result of security issues, improper behavior reported by customers, or associating abnormal behaviors while in
our facility.
• Drivers are 100% responsible for paying any direct taxes on earnings totaling $600 or more in a calander year, including any state , local, federal or otherwise, which may apply to them depending on city of residency . Drivers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
• Snackz App does not withheld taxes from The earnings shown on the order page and it does not inclcude taxes and charges that may apply to the Drivers by their city.
• Snackz App does not witheld taxes from driver payments . Drivers are solely contractors.
• Snackz App partners with payment processors for purposes of collecting delivery- related payments from customers, transferring such payments from customers to Drivers, and holding funds in connection with completed order. All payments services in connection with the withdrawal of funds on the Snackz App platform are performed by Snackz App’s payment processors.
• Drivers are responsible for obtaining a general or commercial auto liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their deliveries.
• Drivers are commissioned $2.50 per delivery and are guranteed $10 an hour , a part from tips given by customers .
Brand Ambassadors
Brand Ambssadors are not employees nor sponsored by Snackz App and are not allowed to act as such nor use any brand owned materials by Snackz App other than what was given to them and with permission to post such thing . Snackz App retains the right to use all submited contents by it;s Brand Ambassadors for Snackz App marketing and promotional purposes. A Brand Ambssador may be dismissed for violations to these Terms of Conditions, which may include (but are not limited to) the following violations and/or reasons:
• Providing Contents to us that you did not create
• Spam, nonsense, or violent or deceptive contents
• Doesn't seem or look happy in any content they provides
• Continues to Provide Low Quality Contents
• Content misleading to instagram users or others user on any social media we're on
• Reselling of products provided by us
• Not providng us contents to post upon receiving products from us for over 7 days from the day of receiving items.
• Providing us an address that leads to theft of mail and (or) package , or return of mail
• Promoting Snackz App through any marketing activity that negatively affects our relationships with our customers or partners.
• Poor performance and (or) other reasons we find reasonable .
• Providing us contents without our branding in it upon receiving a package
• Not being over the age of 18 at time of first contact or lying about their age.
• Failing to Add " Brand Ambassador for Snackz App " in their bio
• Fails to mention us in their instagram story or on other social media accounts a minimum of 2 times a week.
• Poor communications with our social media manager
• Providing low quality contents
Top Rated Brand Ambssadors
Top Rated Brand Ambssadors are chosen manually by Snackz App social media manager through an ongoing review process based on communicaton, ability to follow directions, helpfullness , quality of contents, creativity and friendliness.
• Brand Ambssadors gain access to the app in select cities to have the ability to set up an account and select their own products they wish to receive at no cost using the discount code provided. Up to 7 items every 2 weeks.
1.) Use of Products and Compliances
• You agree that your use of the Services,the purchase of any of the products obtained from the App ("Products"), delivery of the Products, and/or use of the Products will not violate any local, state, or federal laws and regulations (the "Laws ") the Food, Drug and Cosmetic Act (Section 801(p).
• You further certify that the intended use of any of our Products will not be use as
drug in violation of 21 USC 5863 (PL 113-31).
• You agree to use The products solely for legal, personal use and nothing on the Site or the App shall be construed as condoning or promoting controlled or illegal substance. The Services are intended for mature users only. By viewing, using or accessing the Services, you certify that you are at least 18 years of age .
• You agree that you will not purchase age restricted products obtained through Snackz App for (or ) to any Person who is not a lawful consumer.
• Important: customers who purchase items in a age restriction categories may be required to show State issued ID upon delivery . No exceptions !
2.) Use of services.
• You are solely responsible for any fees, cost or expense that you may incur to obtain the service .
• Customer and driver phone numbers will be shared with each other in order to communicate .
• Your use of the Services is subject to all applicable Laws.When you use the Services, you may also be using other third parties services,
• Your use of other third party services may be subject to their policies and terms of use of their policies.
• Snackz App may also impose limits on the use of or access to the App, the Site or to certain Services, in any case and without notice or liability.
• Snackz App reserves the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Snackz App be liable for the removal of or disabling of access to the Services.
• To receive deliveries status , you may receive push notifications, direct , and (or) local customer notifications, text messages,which may includes picture, alerts, and emails or other types of messages directly sent to your devices within the App or outside ("Push Notifications") as part of the services. See our Privacy Policy.
• You acknowledge that, when you use the Services, your wireless service provider may charge you fees for use of data for these features.
• You have control over the Push notifications in settings, and can opt in or out of these Push Notifications through your carrier or through your mobile device's settings (with an exception of important announcements and administrative alert).
3. Access Permit.
• By staying in compliance with this Agreement and your payment of any applicable fees,Snackz App hereby permits you,subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal access permit and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate permit, and any
documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below.
• This permit does not include any resale or commercial use of any Service (excluding products you paid for ), or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
• Subject to the limitations contained in this Agreement and you may not distribute or make the App available over a network where it could be used by multiple devices at once.
• No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Snackz App .
• You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary of Snackz App without express written consent. You may not use any meta tags , SEO Titles or any other "hidden text" utilizing Snackz App name or trademarks without the express written consent of Snackz App .
• You may not misuse the Services. You may use the Services only as permitted by Law and this Agreement. The access permit by Snackz App terminate if you do not comply with this Agreement.
• All rights not expressly permitted to you in this Agreement are reserved and retained by Snackz App or its suppliers, agencies, employees , members or partners.
Customers Basics
• Snackz App retains the right to use all submited contents by customers for Snackz App marketing and promotional purposes.
• Customers may not use fake currencies as form of payment .
• A customer may not threaten a driver nor perform any act that may put a driver in danger in anyway .
• You're subject to a non-refundable delivery fees if an order is cancelled due to you not having the right amount of change when you select cash as your payment method.
• a Customer should not disrespect a driver nor any party of Snackz App
• By placing your first order you agreed to abide by our terms from there on.
• You give us the permission to release any personal information of you to a law enforcement officer upon request in attempt to resolve a criminal matter caused by you while using our app , service or site .
• No customer shall abuse the app or site in any manner
Purchasing
• Customers pay Snackz App to place an order from their selected categories using the Order Now button. Snackz App partners with Payment Processors for purposes of collecting product-related payments and delivery fee from Customers, transferring such payments from Customers to drivers, and holding funds in connection with our account.
• Products may be purchased on Snackz App by using one of the following payment methods: Credit Card, Debit, PayPal, Cash or existing Snackz App credit. Additional payment methods may apply in certain locations.
• We reserve the right to disable any payment method without notice to any users
• Service fees are added at the time of purchase where a Customer can review and accept the total amount requested to pay. The current delivery fee is $1.85 for the first 14 days, that adds to every order to compensate drivers along with 2.95% transaction fees for using payment method other than cash that must be paid in advance.
• You may not offer to pay drivers , or make payment using any method other than through the SnackzApp.com site or app . In case you have been asked to use an alternative payment method, please report it immediately to our Support Team .
• By using any payment method and/or providing payment details for making purchases on Snackz App, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Snackz App; and
(d) such actions do not violate any applicable law.
4. Limited Permit.
Any attempt to do any of the foregoing is a violation of the rights of Snackz App.
• By using your access permit, You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and
you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Snackz App .
• Except as specifically permitted herein or expressly authorized in writing by Snackz App , you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
• You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights' notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Snackz App .
• If you breach these restrictions, you may be subject to prosecution and damages.
5. Terms of Use.
• You agree that: (1) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement;
• (2) you will only use the Services for lawful purposes; you will not purchase the Services to misuse or use in a way that is unlawful or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct;
• (3) youwill not use the Services to advertise, solicit or transmit commercial advertisements, including "spam";
• (4) you will not use the Services to cause nuisance, annoyance or inconvenience; (5) you will not impair the proper operation of the network,
• (6) you will not try to harm the Services in any way whatsoever;
• (7) you will not copy, or distribute the Services or other content without written permission from Snackz App ;
• (8) you will only use the Services for your own use and will not resell it to a third party;
• (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
• (9) you will only use an access point or 3G/4G data account which you are
authorized to use;
• (10) you will provide us with whatever proof of identity we may reasonably request;
(11) you will provide us with your state issued ID when a card used in a transaction is questionable .Upon request proves your identity as owner of the card . or to proof that you are the requisite age as applicable, and, if such state issued ID was not issued by the state in which such the transaction occurs, upon request, you will provide such other form(s) of identification as may be requested by us;
• (12) we may disable your account for any reason; and
• (13) you are aware that a non-refundable $5 restocking fee ("restocking Fee") will be automatically charged to you if a delivery is cancelled by you or us for non- compliance ;for any reason relating to this agreement.
• Snackz App makes no representation as to any Laws of any jurisdiction regarding the sale, service, transportation or delivery of Products to a customer/consumer, including you.
• Snackz App shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law.
• Snackz App explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable Laws.
6. Fees.
• Any fees which Snackz App may charge you for the Services are due immediately. When you authorize a transaction with us, a payment processor will authorize your credit or debit card for the full amount of your purchase.
• We may decline an order for any reason. If your order is declined by us, you will receive a full refund.
• If your order is canceled by you after it has been sent for delivery, you will receive a full refund, minus the delivery fee or cancellation fee.
• A full refund may be issued by Snackz App for any reason Snackz App , at its sole discretion,may make promotional offers and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract
• . We may change the fees for the Services in our sole discretion.
7. All rights Reserved.
• All rights not expressly permited to you in this Agreement are reserved and retained by Snackz App or its suppliers, agencies, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Snackz App .
8. Security of Account .
• Snackz App reserves the right to refuse service, terminate accounts, remove or edit content,or cancel orders in its sole discretion.
• If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.
• Snackz App does not knowingly sell products for or to children, but rather sells it to adults, who can purchase with a credit card or other allowed payment method. If you are under 18, you may use the Services only with supervision of a parent or guardian ,who's 21+ at time of use.
9. Beneficiary.
• You certify that such access is for your own benefit and information By accessing the Services , and that the Products are solely for your own personal use and not for any other Person. "Person" shall include all natural persons, corporations, legal entity, and any of their/its directors, officers, agents,employees, affiliates, subsidiaries, or partners.
10. Other Third Party Owned .
• The Services may display, include or make available content, data, information, applications or materials from third parties including Products ("Third Party Owned") or provide links to certain third party websites.
• By using the Services, you acknowledge and agree that Snackz App is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
• Snackz App does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
11. Indemnify.
• By entering into this Agreement and using the Services, you agree that you will indemnify, defend and hold harmless Snackz App , and its partners, owners, parent organizations, subsidiaries, and affiliates, and their respective directors, officers, stockholders, agents, servants, employees and attorneys (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs and expenses (including reasonable attorneys' fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (1) your violation or breach of any term of this Agreement or any applicable Law or regulation; (2) your violation of any rights of any third party;
(3) your use or misuse of the Services; or (4) any negligence or wrongful act or omission of or by you or anyone acting on your behalf.
12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
YOUR USE OF THE App or SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE or app IS AT YOUR OWN RISK. THE app or site , ITS CONTENT AND ANY SERVICES OR products OBTAINED THROUGH THE app ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• NEITHER Snackz App NOR ANY PERSON ASSOCIATED WITH Snackz App (the "Snackz App Entities) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE or app.
• Snackz App reserves the right to deny the sale and/or delivery of any Product, which it determines may or shall violate applicable Laws.
• The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable Laws, nor does it impose an affirmative responsibility on Snackz App to verify your adherence to applicable Laws.
• Snackz App DOES NOT WARRANT THAT (A)THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THATTHE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED OR (E) THAT THE APP WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Snackz App OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• TO THE EXTENT NOT PROHIBITED by LAW, YOU AGREE THAT IN NO EVENT WILL ANY Snackz App ENTITY BE LIABLE (l) FOR DAMAGES OF ANY KIND,INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY,WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A Snackz App ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM,
DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND Snackz App .
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
• If, for any reason, a court finds Snackz App liable for damages notwithstanding the foregoing, in no event shall the Snackz App Entities' total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount paid by you to Snackz App for your use or receipt of the Services.
• The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
• You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that Snackz App would not be willing to perform the Services or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Snackz App to grant you the rights set forth in this Agreement.
13. Ownership.
The App, or Site , their services and their content , including the general layout,logos, design , is exclusively owned by Snackz App and protected by copyright and trademark law. Snackz App®, Snackz Club® and Snackz Clubs® are all registered trademarks owned exclusively by Snackz App.
• Users have no right, and specifically agree not to do the following with respect to the app , the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the app or site in any manner that could damage, disable, overburden or impair the Site, and app or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
• You do not acquire any rights or licenses under any of Snackz App 's (or its licensors') patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.
14. Taxes
• Customers may be charged taxes (such as Sales Tax, or sugar tax) imposed on or in connection with this Agreement by any authority, depending on their residency or, location .
• Drivers are solely responsible for any and all taxes as applicable by state or federal law (including any withholding taxes)
• Customers agree that they are responsible to comply with all tax requirements applicable to them.
15. App Users Non-Permitted Usage
• Inappropriate Communications - Communication on Snackz App between drivers and customers should be friendly, non-abusive, and professional. Snackz App condemns bullying, harassment, and hate speech from drivers and customers while communicating or in contact. We allow drivers and customers to exchanged messages during an order through our system for the purppose of rating of a driver . communications and feedback, and to rate their experience after a delivery
• Privacy & Identity - You may not share or give any private and confidential informationto to a driver . Any exchange of personal information required for the completion of an order must be arranged by a Snackz App Support Member. Drivers further confirm that whatever information they receive from the Customer, which is not meant for the public , shall not be used for any purpose whatsoever other than for the delivery of the order to the Customer. Any users who engage and communicate off of Snackz App while there's no order in progress will not be protected by our Terms and conditions
• Authentic Profile - You may not create a false identity on Snackz App, misrepresent your identity, create a Snackz App profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your picture, username, name, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Snackz App reserves the right to require users to go through a verification process in order to use the App or Site (whether by using ID, phone, camera, etc.).
Fraud and Unlawful App Use
• You may not use Snackz App for any unlawful purposes or to conduct illegal activities.
Including using the app to attempt to harm a driver , arrange robbery , or cause domestic violent .
• driver failing to return undeliverable items
• drivers claming customer accepted order when they did not deliver order
Abuse and Spam
• Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, to receive multiple account promotions , or mislead the Snackz App system will be disabled. Note: any violations to Snackz App’s Terms and conditions is cause for permanent suspension of all accounts.
• Placing an order and choosing cash as payment method and becomes unresponsive upon delivery of the order .
• Continues refusal of deliveries
Direct Abuse -
• We will not allow users who engage in direct abuse or harassment towards another users on Snackz App. This includes creating new multiple accounts to harass drivers through our message or ordering system.
Selling Accounts -
• No one must buy or sell Snackz App accounts . This goes for users who are employees, brand ambassadors, drivers , customers , and others who receive free products .
Reporting False Feedbacks :
• driver or customer should not submit deceiving feedbacks of one another
16. Termination.
• This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or Snackz App terminates this Agreement.
• Snackz App may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, with or without notice to you, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer commercially viable.
• We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to
access your account(s) or the Services.
• Upon termination, you will cease all use of the Services and will destroy all copies (full or partial) of the App in your possession or control.
• Termination will not limit any of Snackz App 's other rights or remedies at Law or in equity. This section 16 along with sections 5, 10, 11, 12, 14, 16, 17, 18, 19 and 20 shall survive termination or expiration of this Agreement for any reason.
Order Disputes and Cancellations
• We advise customers to first try to resolve order issues with us before disputing with their bank .
Basics
• Cancellating can be done on the Snackz App, if eligible, by our Support Team or through the report issue section under orders .
• In the event that a customer has an issue related to an order previously delivered , you are advised to use the App's dispute tools to attempt to resolve the isuue with us.
• Filing a dispute with your bank without an attempts to resolve the issue with us is a violation to our Terms and Condition. Doing so will automatic disable your account temporarily or permanently . Snackz App, through its Payment Processor, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the App.
• All orders delivered by driver shall be subject to full payment for the product and the item may not be used if payment is cancelled for any reason.
• If an order is cancelled (for any reason), the funds paid will be returned to the customer’s payment method.
• Payment revisions can be requested through the Order page in the app after an order is marked as Delivered by the driver.
• Requesting a refund to take advantage of our system after receiving an order by using the Report an issue button is not allowed.
17. Arbitration- Dispute Resolution ,
NO Class Actions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that
you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration Law apply to this Agreement.
• If you do not want to arbitrate disputes with Snackz App and you are an individual, you may opt out of this arbitration agreement by sending an email to our Support Team at support@Snackz App.com within 30 days from the day you first access or use the App and the day you first receive any of the Services.
• If you intend to seek arbitration you must first send written notice to Snackz App of your intent to arbitrate ("Notice"). The Notice to Snackz App should be sent by any of the following means: (i) electronic mail to support@Snackz App.com;
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
• If you intend to seek arbitration you must first send written notice to Snackz App 's Support Team of your intent to arbitrate ("Notice").
• The Notice to Snackz App should be sent by any of the following means: (i) electronic mail to support@Snackz App.com; or (ii) sending the Notice by Postal Service certified mail to our mailing address, P.O. Box 871, Morrisville, PA,19067.
• The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought.
• If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Snackz App may commence an arbitration proceeding.
• The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules as modified by this Agreement, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at
w ww.adr.org or by calling 1-800-778-7879.
• The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
• We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $5,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure ll(b), in which case the payment of all such fees shall be governed by the AAA Rules.
• In such case, you agree to reimburse Snackz App for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
• Snackz App will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted.
• You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
• The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
• The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
Moving foward, the preceding sentence shall not apply to the paragraph below.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
18. Injunctive Relief. You agree that a breach of this Agreement will cause irreparable injury to Snackz App for which monetary damages would not be an adequate remedy and Snackz App shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at Law without a bond, other security or proof of damages.
19 Local Jurisdiction. By using any of our Service, you agree
that the Federal Arbitration Act, applicable federal Law, and the Laws of the State of North Dakota, without regard to principles of conflict of
Laws, will govern this Agreement and any dispute of any sort that might arise between you and Snackz App .
ORDERS
Basics
• Drivers may not misuse the Deliver order button to circumvent Order guidelines described in this Terms and conditions. Using the “Deliver order” button when an order
was not fulfilled may result in a non-compensation of that order after review, and driver will not be paid for that order and result in a warning to driver or deactivation.
• An order is marked as delivered after customer accepts it . Customer will then give driver a rating review . An order will be marked as delivered by a driver if customer fails to answer or no response for 6 minues from when driver arrives .
• drivers are required to meet the delivery time we specified as required . Failing to do so will allow the Customer to cancel the order when an order is in route and the driver will not be compensated.
• Drivers are responsible for checking all cash handed to them to avoid receiving counterfeit money.
• Customers may use the "Report an issue" feature located on the Order page after an order is marked as Delivered if the delivery was not received or there's an issue with the delivery .
20. Miscellaneous.
This Agreement may not be modified by you except by a writing executed by the duly- authorized representatives of Snackz App .
• This Agreement will inure to the benefit of and will be binding upon each party's successors and assigns.
• Snackz App 's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
• This Agreement and the licenses granted hereunder may be assigned by Snackz App but may not be assigned by you without the prior express written consent of Snackz App .
• If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.
• It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
• Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.
• In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
• Your use of the Services is subject to other local, state, national, or international Laws.
Feedbacks And Ratings
• Reviews provided by customers after an order have been delivered plays an important part of Snackz App's platform. Reviews demonstrate the customer's overall experience with the drivers and the service they received .
• Cancellating the delivery of order to a customer with the intent to avoid unfavorable reviews is prohibited.
• All drivers must maintain no lower than a 2.5 customer rating to avoid deactivations
• Order issues and posting a review: Once order is delivered, the customer has three days to report an issue. If no issue is reported within the response period, the order will be considered deemed delivered, and satisfied . The order then becomes non- refundable due to driver receiving delivery compensation.
• Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Snackz App by you (collectively "Feedback"), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Snackz App or otherwise relating to the Services (collectively, "Revisions"), are and will remain the property of Snackz App .
• You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions.
• All Feedback and Revisions become the sole and exclusive property of Snackz App and Snackz App may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
• customers are allowed to leave reviews on orders up to 3 days after an order is marked as delivered. No new reviews may be added to a driver profile after 3 days.
Cancellations Of Order
• Requests to Snackz App to cancel an order will be review by our Support Team based on
a number of factors, including violations to our Terms and conditions, and improper usage of the app or site.See below for Order specific eligibility.
• In some circumstances when appropriate, Support team may cancel a current order while driver is in route. In that case, the delivery fee paid for the cancelled order will be returned to the Customer’s payment method and the driver will be compensated by our support team .
• Orders are not eligible to be cancelled by a customer once the driver is in route to the delivery address .
• You may not cancel an order based on the size of the item delivered by the Driver if the size of item was clearly described in the app under product details .
• Customers are advised to use Snackz App Report An Issue option to address an issue with their order delivered provided by their Driver prior to contacting their bank .
• Our Support team will not take any action against drivers if the Customers failed to inform their Driver of issues related to the delivery . This does not apply to non- permitted usage of the App.
• Any non-permitted usage of the App encountered during a delivery, after being reviewed by our Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, fraud, or other violations to Snackz App’s Terms and conditions.
• Snackz App Support team will cancel orders based on, but not limited to, the following reasons:
• Order in route (after the Customer submits their request and before the Driver delivers to the delivery address)
• The Driver is late for more than 1 hours when the order is indicates in route.
• A User used abusive words towards each other by phone or text and threats of low ratings
• Delivered Orders (after the Driver clicks in route and before the order is marked as delivered)
• The Driver marked an order as delivered but did not actually deliver the customer order. Note: Issue of such matter in question will be reviewed by our Support team.
• Customers who abuse the Report an issue button to cheat our system by claiming item damged.
• Delivered Orders (after the order is marked as delivered and before the 3 day limitation)
• Users who have been reported to use fake money or counterfeit currency after verification and with proof.
• Snackz App Support will review cases of Order not being fulfilled due to system error that enabled the order to be marked as delivered.
Deliveries
Once an Order is placed, you will be gievn an estimated delivery time after checkout. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery agents at any given time, and weather.
• You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
• You acknowledge that transportation services are provided by third party independent contractors who are not employed by Snackz App.
• Snackz App reserves the right to charge you the full Order amount if you or your designated recipient is not at the designated delivery location when the delivery agent arrives to complete the delivery as well as a restocking or delivery fee.
Refunds
Snackz App will not automatically refund delivery fees paid for cancelled orders back to your payment method.
• Cancelled Delivery that was due to your fault will be subject to delivery fees which will be given to the driver for their time .
• Refund returned to your card from cancelled orders will not include delivery fees paid.
• In an event, if the delivery cancellation was due to our fault we'll return the fees .
Please see our refund policy for more details.
General Terms
Snackz App reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and condition or due to any illegal or inappropriate use of the Site, app or services.
• Violation of Snackz App Terms and condition may get your account disabled permanently.
• Users with disabled accounts will not be able to purchase or drive on the app .
• Users who have violated our Terms and condition and had their account disabled may contact our Support team for more information about their violation reasons and status of their account.
• Users must be able to verify their account ownership through our Support team by providing documents that prove ownership of the account.
• Drivers will be able to withdraw their earning from deactivated accounts after a period of 14 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Snackz App's approval.
• Disputes should be handled using Snackz Ap's dispute option ('Report an issue' on the order page) or by contacting Snackz App Support team .
• Snackz App may make changes to its Terms and condition from time to time. When these changes are made, Snackz App will make a new copy of the Terms and condition available on this page.
You understand and agree that if you use Snackz App after the date on which the Terms and condition have changed, Snackz App will treat your use as acceptance of the updated Terms and condition.