Terms


1. Introduction: Our Website and the FetchMe Service

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.


2. Our Agreement:

Please read these Terms of Service carefully and save a copy, as this is a binding contract between you and us. These Terms of Service and other documents we refer to in these Terms of Service, like our Privacy Policy (together, the “Agreement“), govern your access to and use of the FetchMe Service.


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.


3. About Us:

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.


4. License:

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.


5. Customer Representations:

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.


6. Customers/Users:

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.


7. Restrictions On Use the FetchMe Service:

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.


8. Our Rights:

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.


9. Order Process:

When you submit a delivery request via the FetchMe Service, we will notify a nearby Fetcher and will provide certain information about you, including your phone number, as soon as possible or at a scheduled delivery time, and the address for delivery, to the Fetcher (as more fully described in our Privacy Policy below), as necessary to enable the Fetcher to fulfill your delivery request. The Fetcher will obtain the items that you have ordered from the requested merchant, pay the Merchant for the items, and deliver the order to you. The Fetcher may communicate with you during the course of fulfilling your order regarding the status of your order or to notify you that the item you ordered is not available, in which case you may agree to modify the order. In the case that you are not at your designated delivery location, the Fetcher will attempt to contact you to determine where to leave behind your order. If there is no contact between you and the Fetcher, then the Fetcher will leave behind the ordered merchandise at a location determined at the sole discretion of the Fetcher and you will be charged a delivery fee. The Fetcher will also leave a note as to the location of the ordered merchandise. You are not allowed to initiate any contact our Fetchers except to address logistical questions about your order.


10. Payment for Services:

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.


Refund.

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 support@fetchmedelivery.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.


11. Interactions with Other User:

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.


12. Communications:

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.


13. Third Party Services and Materials:

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 may utilize the functionality on the website that allows you to log in to this website by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Facebook “Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this website to be shared with your contacts in your third party website account (as further detailed in our Privacy Policy below. Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this website using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.


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.


14. Limitations on Availability:

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.


15. Term and Termination:

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.


16. Disclaimers and Limitations of Liability:

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.


Indemnification:
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.


17. Modifications:

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).


18. Force Majeure:

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.


19. DISPUTE RESOLUTION, MEDIATION AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW.

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.


20. Assignment:

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.


21. Miscellaneous:

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.


22. Referrals or Promos or Rewards

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.


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Privacy Policy


Effective April 4, 2016

FetchMe LLC., an Alabama limited liability company d/b/a FetchMe (“FetchMe,” “our,” “us,” or “we“) respects your privacy. We created this Privacy Policy to let you know what information we collect and how we use it, as well as our practices regarding such information.

This Privacy Policy applies to:

The website https://fetchmedelivery.com/ (the “Website”);
The App: FetchMe Delivery;
Our mobile on-demand ordering service (the “Service”); and
Any email, text and other electronic communications between you and the FetchMe.
This Privacy Policy does not apply to:

Information we collect offline or by any other means (such as through other websites or services we may offer); and Information collected by our affiliates or any other third parties, which may have their own privacy policies. Please read this Privacy Policy carefully and save it. If you do not agree with it, you should not access the Website, App or use the Service. By using the Service, the Website, App or by submitting electronic communications to us, you consent to the practices prescribed in this Privacy Policy.

What information does FetchMe collect?
Personal Information. When we refer to “Personal Information” in this Privacy Policy, we mean any information by which you may be personally identified or contacted, whether online or offline. When you use the Service or fill out any forms located on the Website or App, we may collect certain Personal Information from you, such as your first and last name, address/location, email address, phone number, credit card or other payment information. Additionally, if you apply to be a Fetcher, we will collect the following Personal Information from you as part of the application process: your first and last name, phone number, phone service carrier, social security number, bank account information, driving record and insurance policy. We may also collect additional information from you, as described as part of the application process. As a customer user or a fetcher, it is always your choice whether or not to provide Personal Information. If you choose not to provide requested Personal Information, you may not be able to participate in certain activities or use certain features of the Service.

Technical Information.
We may also collect and use technical data and related information, such as information about your device and system, peripherals and other data related to your interactions with the Service (“Technical Information”). We automatically collect Technical Information through the use of cookies and other data collection technologies. The information we collect from these technologies may include your web settings and preferences, website analytics information, device type, phone operating system and push ID. FetchMe does not consider this information to be Personal Information. Additionally, while we will not use this Technical Information in a way that associates the information with you, we may use and aggregate this information. FetchMe owns all Technical Information and may use it for any lawful purpose.

Location Information.
We also collect information about your geographic location from you or your device, including your country, region, city, zip code, street address, time zone, latitude, longitude, and horizontal position representation information (“Location Information”). Social Information.
We may also collect information about you from various third party services (e.g. Facebook, Twitter, Instagram and others) through their applicable APIs or otherwise (“Social Information”).

Tracking and Do Not Track Signals.
We may use the Website, App and the Service to collect information about your activities over time and across third-party websites, applications or other online services (“Tracking Information”). Your web browser, App platform or device may allow you to opt-out of our collection of Tracking Information by selecting a “do not track” (or similar) setting. However, we do not currently have processes to address those settings or other “do not track” requests, and consequently, cannot guarantee that we will honor such requests. If you do not want us to collect this information, do not use the Website or the Service.

Order Information and Other Information You Voluntarily Disclose. Certain features of Service are designed to display Information that you choose to provide to other users (such as texts between you and the fetchers delivering products)_or to other third parties (such as merchants from whom you order products). Please keep in mind that whenever you voluntarily disclose Information by ordering products or otherwise providing such Information through the Service (including, for example, if you provide building or security codes to a fetcher), that Information can be seen by those users or third parties to whom you send that Information. We require fetchers to maintain the confidentiality of such Information and agree not to use it except as necessary to perform deliveries. However, we are not responsible for the security or privacy of any Information you choose to submit in connection with these features.

How does FetchMe use this Information?
Except as described in this Privacy Policy or in our Terms of Service, Personal Information, Technical Information, Location Information, Social Information and Tracking Information (collectively, “Information”) that you provide or that we collect will be kept confidential and used to support your relationship with FetchMe.
We may use your Information, including your Personal Information, as follows:

For order fulfillment, billing and delivery purposes.
To enable you to participate in interactive features of the Service (such as communications with fetchers)
To provide software updates, product support, product enhancements and other services to you related to the Service, App and the Website.
To improve, market or promote FetchMe’s products and services (including the Service).
To communicate with you, including about the Service or your account.
To alert you to product upgrades, special offers, updated information and other new products and services offered by FetchMe or its third party partners.
To respond to comments, questions or requests for customer service.
To display promotions, including promotions from third parties.
For fraud prevention and security related reasons as required by law.
For any other purpose we may describe when you provide the Information.
Information We Share
Except as described in this Privacy Policy, FetchMe does not share, rent or sell your Personal Information with third parties.

FetchMe or its agents, vendors or contractors may disclose Information, including your Personal Information, to third parties in the following circumstances:

To our agents, vendors or contractors that we use to support the internal operations of our business including the Service, App and the Website and who are required to keep the Information confidential and use it only for the purposes for which we disclose it to them. If required to do so by law, comply with legal process or to comply with a governmental or regulatory request; To protect and defend the rights or property of FetchMe or its agents or contractors; To enforce our Terms of Service, App or other FetchMe agreements; To act in urgent circumstances to protect the personal safety of users of the Service, App or the Website or the public; and As part of a transaction or potential transaction where FetchMe merges with another organization, files for bankruptcy, or sells its assets or capital stock.
When you place an order, we will provide the following Information to the fetcher that fulfills your order: your name, phone number, order details, the merchant whose products you are requesting, and Location Information so the fetcher can fulfill your order and communicate with you about your order.

Security of Your Information
We maintain physical, electronic, and procedural safeguards designed to protect the Information. These safeguards include storing your Information on our secure servers behind firewalls and using encryption technology. We do not store your credit card information, which is stored and processed by our third party payment processor vendor, currently Stripe. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.

Third-Party Websites, Services and Technologies
We may provide links to third-party websites on the Website or in other communications to you. These links may appear as a specific domain name or URL or may be activated by clicking on an advertisement or other icon or graphic. Please be aware that other websites and services, including the websites of third parties that you connect with through the Service, may collect personally identifiable information about you. We cannot control and are not responsible for the information collection practices of any third-party websites, services or applications. We encourage you to carefully review their terms of use, privacy policies, and any other legal notifications before using or providing information through such websites, services or applications.

Further, the Service may employ third party technologies that require you to accept such third party’s terms. This Privacy Policy does not cover the information practices of those third-party technologies.

Children’s Privacy
The Website and the Service are not intended for children under the age of 13. We do not knowingly collect Information from children under 13. If you believe that we may have collected Information from a child under the age of 13, please contact us at contact@fetchmeauburn.com.

Information Choices and Changes
We may need to communicate with you about the Service and we would like to make certain commercial offers available to you from time to time. As such, you consent to receive commercial messages (whether by phone, email, text or push notifications) from us or our third party partners, and acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. We will allow you to opt-out of receiving commercial messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service or messages that are primarily about transactions enabled via the Service), you will need to terminate your account.

Depending on your browser, you may be able to remove and reject cookies from our Website or the Service by changing your browser settings. The default setting of many browsers is set to accept cookies until you change your settings. Please note that if you disable or refuse cookies, certain features of the Website or the Service may become inaccessible or may not function properly.

Changes to this Privacy Policy
This is our entire Privacy Policy and it replaces any earlier version. We may change this Privacy Policy by posting a new version on the Website or through the Service and it is your responsibility to review this Privacy Policy periodically. If we make material changes to our practices regarding the collection, use and sharing of your Personal Information, we will notify you via e-mail to the email address you provide to us and/or through a notice on the Website home page or via the Service.

When we do change the Privacy Policy, we will also revise the effective date. Your continued use of the Service after such date constitutes your agreement to this Privacy Policy and any updates.

Contacting FetchMe
For questions or comments regarding this Privacy Policy, please contact us at FetchMe LLC using support@fetchmedelivery.com.