We are pleased to offer you access to our smart phone Website (the “Website”) and App available on Apple ITunes App Store or Android Google Play Store (the “App”), FetchMeDelivery.com, through which we offer a proprietary service (the “FetchMe Service”) for placing orders with couriers (we call them “Fetchers”) that provide delivery services for groceries, restaurant food, beverages, prescription drugs, books, Auburn merchandise and other products from participating restaurants and other merchants (“Merchants”). The term “you” refers to an end user of the FetchMe Service.
THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE, AND YOUR PURCHASE OF THE DELIVERY SERVICES INCLUDING MEMBERSHIPS SOLD ON THIS WEBSITE.
By clicking the “CREATE ACCOUNT” button and/or using the FetchMe Service, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.
You are only authorized to use the Website, App and the FetchMe Service if you agree to abide by this Agreement. If you do not agree with any of the terms or conditions of this Agreement, you should discontinue use of the Website, App and the FetchMe Service immediately.
FetchMe, LLC, an Alabama limited liability company d/b/a FetchMe (“FetchMe,” “us,” or “we”) that provides technology solutions for connecting people who wish to place on-demand requests (“Customers”) for Merchant products with Fetchers who wish to provide delivery services to fulfill those requests. You acknowledge and agree that we are strictly a courier and logistics provider. We will dispatch a Fetcher, our employee, to deliver the food, beverages or other products that you have requested. The Fetcher is responsible for fulfilling your order through the requested Merchant.
During the Term, FetchMe hereby grants you a limited, non-exclusive and nontransferable license to use the Website and App on a smart phone, tablet or other mobile device that you own or control, subject to the terms and conditions of this Agreement. You may only use the Website and App based on the license granted herein to access the FetchMe Services for your own personal use and for no other purpose.
You represent and warrant that (a) you have read and understand this Agreement, (b) the information that you provide to us about you or your account in connection with the FetchMe Service is true, accurate, supportable and complete, (c) by signing up for a Membership or Transaction services (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless FetchMe, if your child breaches or disaffirms any term or condition of this Agreement. Additionally, if you are entering into this Agreement on behalf of your organization, you represent that you are the authorized agent of the organization and have the legal authority to enter into this Agreement on its behalf.
This Agreement applies to your use of the FetchMe Service as a Customer who requests certain products be delivered by a Fetcher. As a condition to placing an order via the FetchMe Service, you authorize us to link your FetchMe account with a valid credit card or other authorized payment method (“Payment Method”), and to charge you for the orders that you place via the FetchMe Service. Refer to Pargraphs 9 and 10 for more information regarding payment terms and how your order is processed. Customer acknowledges that each Fetcher is, vis-à-vis FetchMe, has a limited responsibility and makes limited guarantees (see paragraphs 10 and 16) regarding: (1) Fetchers or their vehicles, or (2) Merchants or the quality of any products delivered by Fetchers. You further acknowledge that FetchMe retains a portion of the payments made via the FetchMe Service, but solely as a processing fee for facilitating the transactions and payments envisioned by this Agreement. You accept all risks related to interacting with and transacting with Merchants and all risk related to the Merchant products that Fetchers deliver to you.
The FetchMe Service may only be used by you for the purposes provided herein. You may not:) use the account, username, or password of another user at any time, allow any other person to use your account, or provide your passwords to any other person or entity. You may not redistribute, reproduce or sublicense access to the FetchMe Service, or copy, reverse-engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the FetchMe Service, or any part of the FetchMe Service. You will not assert, nor will you authorize, assist, or encourage any third party to assert, any intellectual property infringement claim regarding the FetchMe Service. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.
We reserve all rights in and to the FetchMe Service and all related intellectual property not expressly granted under this Agreement. “FetchMe” and all associated logos displayed within the FetchMe Service are our trademarks (unless otherwise noted). If you submit comments, suggestions, or other feedback regarding the FetchMe Service (“Feedback”), you agree that we will own such Feedback and will be free to use such Feedback for any purpose.
You must pay for the orders you place, including any taxes. Payment. Merchants set prices and fees for their own products. FetchMe when you place an order, you will be charged for: (a) the total price of the products you order, at the current price as established by the Merchant, plus applicable taxes (the “Sales Price”) which amount may not be communicated to you until after the order is placed by the Fetcher, (b) a processing fee based on a percentage of the total order amount, (c) a Transaction Fee (which varies based on geographic region), only if you are not a Member [Insert link to how to become a member] and (d) the minimum required tip for the Fetcher (based on the total amount of the order and the distanced traveled by the Fetcher). The current fees are available on www.fetchmedelivery.com. In addition, we may offer deals and promotions from time to time with reduced fees and/or discounted products. You hereby authorize your Payment Method to be charged for the Sales Price, the fees set forth herein and the minimum required tip associated with each order you place via the FetchMe Service. Once your order is ready for checkout, you will receive an itemized receipt for the amount charged to your Payment Method. You will have the opportunity to adjust the amount of the tip that is included in your order, should you wish.
We make every effort to provide prompt, courteous and reliable service. If you are dissatisfied with the delivery services, as such (e.g. delivery was not made as scheduled or in a timely fashion; or order was not filled correctly), FetchMe may, at their discretion, refund the delivery service fee, or if you are a member, will credit your account for one week of service, in either case through the Payment Method associated with your FetchMe account. Refund requests must be made directly to FetchMe at email@example.com. All refund requests must be made within seven (7) days of the date of delivery by FetchMe. In no event will FetchMe provide a refund for a request that is received by FetchMe more than seven (7) days after the date of delivery. You will be notified promptly of the action, if any, taken with regard to your request for a refund (typically within five (5) business days following FetchMe’s receipt of your request). We have no control over when a specific credit card company processes a chargeback transaction. Therefore, you are responsible for contacting your credit card company if you have questions about the status of a refund made by FetchMe.
We are not liable for your interactions with other users.
The FetchMe Service is designed to facilitate transactions among Fetchers, Merchants and Customers. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND TRANSACTIONS WITH FETCHERS AND MERCHANTS, AGREE TO LOOK SOLELY TO SUCH MERCHANTS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY TRANSACTION VIA THE FETCHME SERVICE OR ANY ORDER, AND EXPRESSLY WAIVE AND RELEASE FETCHME FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY FETCHER OR MERCHANT, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. FetchMe reserves the right, but has no obligation, to monitor disputes between Merchants and its customers.
FetchMe and certain third parties (i.e. Fetchers) will need to communicate with you about the FetchMe Service, including about any delivery requests you place via the FetchMe Service. Additionally, we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE MESSAGES (WHETHER BY PHONE, EMAIL, TEXT MESSAGES OR PUSH NOTIFICATIONS) FROM FETCHME, FETCHERS AND/OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PHONE NUMBER, EMAIL ADDRESS AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the FetchMe Service or messages that are primarily about transactions enabled via the FetchMe Service), you will need to terminate your account. In the unlikely event you receive an unwanted or inappropriate text or other communication from FetchMe or any Fetcher or Merchant, you agree to promptly notify FetchMe at support@FetchMeDelivery.com.
After you receive an order from a Fetcher, you will be prompted by the FetchMe Service to provide a rating of the Fetcher. Your rating should be honest and not misleading and should reflect your own experience with the Fetcher. FetchMe reserves the right to use, share and display your ratings and comments in any manner without attribution to you. You acknowledge and agree that FetchMe is a distributor (without any obligation to verify) and not a publisher of Customer ratings and comments, provided that FetchMe reserves the right to edit or remove ratings and comments in its sole discretion, including because such ratings and comments may violate applicable laws.
In addition to Merchant products ordered via the FetchMe Service, the FetchMe Service may enable access to third-party products and services (collectively and individually, “Third-Party Services”). Use of Third-Party Services may require Internet access and your acceptance of additional terms of service. Further, information you make available to Third Party Services is subject to the privacy policies of such third parties. You agree that you will use any Third-Party Services at your sole risk.
The FetchMe Service and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that FetchMe 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 websites. FetchMe does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify FetchMe if there is any unauthorized use of your password on this website or if you know of any other breach of security in relation to this website.
The FetchMe Service may not be available at all times and in all locations, and we cannot guarantee that you will be able to place orders with any particular Merchant via the FetchMe Service You can view our current hours of operation under the FAQ webpage and geographic availability under the areas we serve webpage on our website www.fetchmedelivery.com. FetchMe makes no representation that the FetchMe Service is appropriate or available for use in any particular location. THE COMPANY'S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. For example, the FetchMe Service may be available only in certain neighborhoods in a particular city. We do not guarantee that you will be able to place orders with any particular Merchant via the FetchMe Service. You use the FetchMe Service at your own initiative and are responsible for compliance with any applicable laws in connection with your use of the FetchMe Service. FetchMe may also impose limits on the use of or access to the FetchMe Service as required by law. Use of the FetchMe Service is void where prohibited.
Either of us can terminate this Agreement at any time. This Agreement is effective upon our acceptance after you indicate your assent and provide any required information to initiate your account and will continue until terminated by either you or us. Your right to use or access the FetchMe Service will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease. Sections 7, 8, 10, 15, 18, 19, 20 shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect.
We disclaim all warranties. Our liability to you is limited.
This section is important – please read it carefully. It limits FetchMe’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
User agrees to indemnify and hold harmless FetchMe, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the website or FetchMe Services, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. FetchMe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE FETCHME SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT MAKE ANY WARRANTIES REGARDING ANY FETCHER AND THE DELIVERY SERVICES OR MERCHANTS AND THEIR PRODUCTS.
Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THIS AGREEMENT, THE FETCHME SERVICE. NEITHER WE NOR OUR AFFILIATES WILL HAVE liability to YOU for aggregate damages IN EXCESS OF THE GREATER OF: (i) U.S. $15.00, OR (ii) THE TOTAL DOLLAR VALUE OF DELIVERY SERVICE FEES YOU PLACED VIA THE FETCHME SERVICE, IF ANY, IN THE 1 MONTH PRIOR TO THE CLAIM. The ABOVE limitations apply even if the above stated remedy fails of its essential purpose.
The Agreement may be changed. We may change the terms of this Agreement from time to time. Any change will be effective when we notify you of the change (via an update delivered by email or through the FetchMe Service) and you signify your acceptance (via email, text or an electronic click-to-accept method).
Neither of us will be in breach of this Agreement due to forces beyond our control. Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@FetchMeDelivery.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 19 govern dispute resolution between us. If a claim, complaint, action, proceeding, or dispute against us (collectively, a “dispute”) is not brought within ninety (90) days after the delivery is completed, Fetch Me shall be discharged and released from all liability whatsoever for any and all claims, actions, damages, losses, liabilities, costs, expenses, of whatsoever kind or nature, which are the subject matter of, or in any way connected to, the dispute. To bring a dispute, the disputing party shall initiate negotiations by giving the other party written notice of the dispute. Within 20 calendar days after receipt of the notice, the receiving party shall submit to the other party a written response. Both the notice and the response shall include (a) a statement of the party's position and a summary of the evidence and arguments supporting that position; and (b) the name of the representative of the party. The representatives shall hold a conference within 30 days of receipt of the disputing party's notice, in person at a mutually acceptable time and place, or by telephone, at least once and subsequently as often as they reasonably deem necessary, to exchange relevant information and to attempt in good faith to resolve the dispute. If either party fails to confer or respond as provided herein, the other party may initiate mediation under the auspices and procedures of the American Arbitration Association. If the dispute is not resolved within 30 days after the first conference, either party may initiate the mediation. If either party fails or refuses to participate in the mediation, the other party may initiate binding arbitration of the dispute under the auspices and procedures of the American Arbitration Association. If the dispute is not resolved within 30 days of the initiation of the mediation, either party may initiate arbitration. The arbitration shall be conducted by a single arbitrator in Auburn, Alabama. The arbitrator shall be governed by these Terms and Conditions and may not change them. The award of the arbitrator shall finally resolve the dispute, and judgment upon the award may be entered by any court of competent jurisdiction. The parties shall share the fees and expenses of the mediator or arbitrator equally. Otherwise, each party shall pay its own negotiation, mediation or arbitration expenses. All time limitations specified herein may be extended by mutual written agreement. The procedures specified herein shall be the sole and exclusive methods for the resolution of disputes between the parties. However, a party may seek a temporary restraining order, a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid irreparable damage. Despite such action, the parties shall continue to participate in good faith in the procedures specified by this section. All applicable statutes of limitation shall be tolled while the procedures specified herein are pending. The parties shall take any action required to effectuate such tolling. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE ANY DISPUTE AS A CLASS ACTION OR TO CONSOLIDATE INDIVIDUAL ARBITRATIONS OR PARTICIPATE IN ANY ATTEMPED CONSOLIDATION. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY MANNER WHATSOEVER A CLASS ACTION AGAINST FETCH ME. TO THE EXTENT ALLOWED BY LAW, YOU EXPRESSLY WAIVE ANY STATE OR OTHER LAW TO THE CONTRARY. FETCH Me AND YOU EACH EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL.
We may assign this Agreement. You cannot assign it unless you get our permission. We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void.
This is how to interpret this Agreement. This Agreement, and the documents we reference in this Agreement, is the entire agreement between FetchMe and you regarding the FetchMe Service. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, FetchMe can be reached at: support@FetchMeDelivery.com.
FetchMe may, in FetchMe’s sole discretion, create referral or promo or reward codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that FetchMe establishes on a per referral code basis ("Referral Codes"). You agree that Referral Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by FetchMe; (iii) may be disabled by FetchMe at any time for any reason without liability to FetchMe; (iv) may only be used pursuant to the specific terms that FetchMe establishes for such Referral Code; (v) are not valid for cash; and (vi) may expire prior to your use. FetchMe reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Referral Codes by you or any other user in the event that FetchMe determines or believes that the use or redemption of the Referral Code was in error, fraudulent, illegal, or in violation of the applicable Referral Code terms or these Terms.