Effective Date: July 18, 2023
Introduction
Welcome to Weee! Inc. (Weee!). Weee! operates a network of websites and a mobile application serving multiple cities in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy or other documents or articles from our website or mobile app, which is incorporated herein by reference.
Section 1. Modification
We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.
Section 2. Acceptable Use
By visiting our websites, mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:
- You Provide Information To Us. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
- Your Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Further, you are responsible for resetting your password due to any perceived or actual security threat. Accordingly, you are responsible for all activities that occur under your account(s).
- Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
- Do Not Interfere With Nor Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
- Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
- Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- User-Generated Content. We may provide various open communication tools on our websites and mobile application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, misogynistic, or contains any type of inflammatory, suggestive, inappropriate, or explicit language;
- infringes on any trademark, logo, tradename, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any Weee! Inc. employees, agents or representatives.
Section 3. Customer Experience & Restrictions
- Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders via the "Order Detail" section before the cutoff time, or by contacting our Customer Service Department at [email protected].
- Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. Weee! reserves the right to change prices at any time, and to limit either your order or the quantity of a product you may order. If certain products are not priced correctly, Weee! may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
- Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, you'll receive a system notification, and see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order, and is not marked as "Out of Stock", please submit a refund request via the "Shipped Orders-Return" section on the mobile application or the website, or contact our Customer Service Department at [email protected].
- Availability (Marketplace). The Weee! Marketplace (Marketplace) display products offered by certain vendors (Sellers). Weee! does not have direct control over the supply and availability of products offered by Sellers. As a result, certain products become unavailable immediately before the scheduled delivery date. In such event, please contact our Customer Service Department at [email protected].
- Cancellations. Before the cutoff time, you may cancel orders via the "My Account" section. We will charge a fee for cancellations made after the cutoff time. The cancellation fee equals the total amount of the restaurant food and any other items that cannot be resold due to the late cancellation.
- Weee! Points. Weee! Points are issued by Weee! as credits that may be used to purchase eligible goods and services on Weee!. Weee! Points can be purchased ("Refundable Weee! Points", see complete definition below) or earned as rewards ("Non-Refundable Weee! Points"). To view your Weee! Points balance or check your account history, visit your Account.
- Limitations. Your Weee! Points may only be used on eligible goods and services provided by Weee! and cannot be used on other websites, to purchase additional Weee! Points, and cannot be sold to other users or transferred to other accounts.
- Refundable Weee! Points. Refundable Weee! Points are limited to: (1) Weee! Points awarded from the Wholesale Commission program; (2) Weee! Points awarded from the Affiliate Commission earned by group-leaders; and (3) Weee! Points purchased with money. Any other rewarded Weee! Points do not have a cash value and CANNOT be returned for a cash refund in the form of a check.
- Non-Refundable Weee! Points. Non-Refundable Weee! Points awarded as a bonus, rebate, or incentive (e.g., Weee! Points awarded for account sign ups, friend referrals, product sharing, review writing, product photo posting) are not refundable (e.g., customer spends $100 which equals 10,000 Weee! Points, but they can get a special promotion with an additional 5,000 Weee! Points, the 10,000 Weee! Points are refundable, the 5,000 Weee! Points are non-refundable). Upon your request for refund of any Weee! Points, only Refundable Weee! Points will be refunded. Non-Refundable Weee! Points will be forfeited. All refunds will be issued by check.
- Refundable Weee! Points Become Non-Refundable Upon Use. Once you use Refundable Weee! Points to make a purchase, the Refundable Weee! Points become Non-Refundable Weee! Points. Only unused Refundable Weee! Points are eligible for a cash refund in the form of a check (e.g., customer has 1,000 Refundable Weee! Points, the customer uses 500 Weee! Points to place an order and then cancels the order for a refund; the 500 Weee! Points go back to the customer's account as Non-Refundable Weee! Points which means the customer can still use the Weee! Points to place another order but those 500 Weee! Points are no longer refundable).
- Risk of Loss. Weee! is not responsible if any Weee! Points are lost, stolen, destroyed, or used without your permission. You are responsible for protecting your Weee! Points from unauthorized use. Weee! bears no liability for any unlawful conduct or fraud using Weee! Points.
- Payments. Payments for products or services on Weee! may be made through Weee! Points or an authorized and unexpired payment card. Weee! reserves the right to either cancel or amend any order in the event of an expired, fraudulent, or otherwise suspicious payment method.
- Account Suspension. Weee! reserves the right to close or suspend any account in the event that the account is associated with an expired, fraudulent, or otherwise suspicious payment method, any abusive use of our Services, or any violation of breach of these Terms.
- Delivery of Marketplace Products. Marketplace Products are products purchased through the Marketplace, whether alcohol, non-alcoholic, or otherwise. Marketplace Products will be delivered through a third-party courier unaffiliated with Weee!. These couriers have a direct relationship with the Sellers. The range for delivery time shall be provided to you at checkout. A tracking link will be sent to an email account designated by you to track the status of the delivery. Based on the type of courier, your presence to accept the Products may or may not be required. Weee!'s sole responsibility with respect to the delivery of Products shall be to communicate with the Seller to deliver the Product, or in the event that the Product is not delivered, providing a refund to you after reasonable investigation. Notwithstanding the foregoing, Weee! disclaims any liability for any damages to the Product during delivery. In any such event, you agree to contact the Seller or the courier directly. In the event that you input the wrong address and the Product is successfully delivered to that address, you are responsible for that shipment without refund. Please be careful and input the correct address in each order.
- Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, please review the tracking link.
- Delivery Fees & Gratuities. The fees for delivery shall be as provided on our website. This fee may include assessments for special handling concerns or other costs for your order. This is not a gratuity for delivery personnel.
- Package Theft. In the event of theft of the Product before or after delivery, you will need to reach out to the Seller or the courier to discuss remedies. Weee! disclaims responsibility or liability of any such theft.
- Delivery Temperature Controls. For certain perishable products, we recommend that you, upon receipt, refrigerate or freeze sch products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
- Delivery of Non-Alcoholic Products (non Mail-Order).We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
- Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to either confirm a specific delivery time or window due to overwhelming demand. For restaurant dinner deliveries, we make every effort to deliver before a stated deadline noted on our product page.
- Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
- Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
- Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Weee! Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Weee! will not offer refunds for any subsequent theft claims.
- Delivery Temperature Controls. We do our best to keep all of our products at or below the minimum recommended or required temperature thresholds. Upon receipt, we recommend you either refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
- Delivery of Non-Alcoholic Products (Mail-Order).We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate through a third-party courier and will request the package left at your door, yard, locker, mailroom, or leasing office. In the event that the third-party courier is unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather), either we or the third-party courier will attempt to contact you. If we or the third-party courier agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we or the third-party courier can't reach you after multiple attempts, or if we or the third-party courier are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the incorrect address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order. Notwithstanding the foregoing, the third-party courier will abide by its internal standard operation procedure.
- Offering. Mail-Order products may include various offerings, including seasonal and dry items. Mail-Order products may also include frozen or refrigerated items ("Cold Chain Product"). A Cold Chain Product will be identified as "cold pack required" on the product description page or checkout page and delivered through extra packaging to stay cold during transit.
- Delivery Dates. Delivery will be made Monday through Friday for most addresses, provided that some addresses may be excluded from delivery on Mondays. We will endeavor to have deliveries made on the scheduled delivery date as provided on your account.
- Delivery Time. Delivery time may vary as we are utilizing a third-party courier.
- Delivery Fees & Gratuities. Orders of Mail-Order products of less than $49 in retail-value delivered in a single day will be subject to a $5.99 shipping fee. In addition, orders of Cold Chain Products of less than $79 in retail-value delivered in a single day will be subject to a $5.99 shipping fee. These fees are cumulative based on the Products and aggregate retail-value of deliveries in a single day. We reserve the right to add additional delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
- Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Weee! Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Weee! will not offer refunds for any subsequent theft claims.
- Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
- Delivery of Alcoholic Products. We require the presence of an individual twenty-one (21) years of age or older to deliver alcohol. The recipient must also present a non-expired valid government-issued photo ID showing his or her birthdate, picture, and expiration date at the time of delivery. We will deliver to the address you designate. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no individual to receive package; no individual with a valid government-issued photo ID) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled and returned to our warehouse and we may charge you a cancellation fee. In the event you input the incorrect address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
- Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to confirm a specific delivery time or window due to overwhelming demand; provided, however, that the delivery window shall only be between 5:30pm and 9:30pm.
- Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
- Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
- Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Weee! Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Weee! will not offer refunds for any subsequent theft claims.
- Your Orders. You will receive a text message and/or email with a link to your invoice when your order is delivered. You may access your orders through your account in the "My Account" section. If you order through the Marketplace, you will receive an email with a tracking link that shows the status of the delivery.
- Returns & Refunds (Marketplace). In some cases, you may receive a Product purchased through the Marketplace that fails to meet the Seller's standards of quality. These Products are subject to the guarantee or return policy as provided in the Marketplace at the time of your purchase of the Products. If you are seeking a return or refund, please reach out to us at [email protected].
- Returns. While Weee! will coordinate with Sellers to support the return process, the Sellers shall be solely responsible for returns subject to their return policy, which shall be at least to the standards provided in the terms provided to you on the Marketplace interface when you purchased the Product. Upon your request for a return, you will be sent a return label. It is your obligation to attach the return label properly and to ship the Product to the Seller. Notwithstanding the foregoing, Products shipped by foreign Sellers are ineligible for a Return.
- Refunds. If you have not received the Product and the Product has not been shipped, we will provide you a refund promptly through the payment method you used upon your request for eligible refunds. If you have received the Product or the Product has been shipped, refunds will only be provided for eligible product after the Seller has received the Product in the same condition that it arrived.
- Returns & Refunds. Weee! is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality. If this occurs, please reach out to us at [email protected]. Our products are subject to the below return policies unless otherwise provided elsewhere in these Terms: To request a refund, visit the "My Account" section, or contact our Customer Service Department at [email protected]. Unless otherwise noted above, all refund requests must be submitted within forty-eight (48) hours from the date of delivery.
- Resturant Delivery Orders. These products are not eligible for return, but they may be eligible for refund by making a request within 24 hours from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at [email protected].
- Perishable Products (i.e. fresh food).These products are not eligible for return but may be eligible for refund by making a request within two (2) days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concerns, and reach out to us at [email protected].
- Temperature-Controlled Products (i.e., frozen foods, refrigerated foods). These products are not eligible for return but they may be eligible for refund by making a request within two (2) days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at [email protected].
- Shelf Stable Food Products (i.e., products that can be safely stored at room temperature for at least 30 days from the date of delivery). These products are not eligible for return but they may be eligible for refund by making a request within seven (7) days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at [email protected].
- Medicine + Herbal Treatments. These products are not eligible for return but they may be eligible for refund by making a request within 30 days of delivery.
- Electronics, Cooking Utensils, Other Non-Food Products. These products are eligible for return within thirty (30) days of delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at [email protected].
- Alcohol Products. These products are not eligible for return but they may be eligible for refund by making a request within three (3) days from delivery. Refund may be provided only if the product or the original casing is damaged at the time of, or prior to, delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at [email protected].
- Restaurant To-Go Orders. Customers can choose their own entrees from a pre-selected menu of items from one of Weee!'s restaurant partners ("Restaurant To-Go Orders") in offered jurisdictions. Restaurant To-Go Orders are subject to these additional terms and conditions, which are subject to change from time to time:
- Avaliability. Restaurant To-Go Orders are available daily in limited quantities from restaurants selected by Weee!.
- Delivery. Customers may request Restaurant To-Go Orders to be delivered instead of picked up.
- On-Demand Delivery Time (“RTG On-Demand”). Restaurant To-Go Orders will be delivered on the same day that you place your order as provided on the platform after you place your order. Delivery time is an estimate and any instructions or maps shown to you is not a guarantee of the exact time of delivery due to traffic conditions or other circumstances.
- Scheduled Delivery Time (“RTG Scheduled”). Restaurant To-Go Orders will be delivered for lunch orders or dinner orders. Delivery time for lunch orders will likely be between 9:00 AM to 1:30 PM, and delivery time for dinner orders will likely be between 2:30 PM to 7:30 PM; however, delivery time will ultimately be determined by availability and is not guaranteed due to traffic conditions or other unforeseen circumstances.
- Delivery Fees. Restaurant To-Go Orders under $35 are subject to a $5 delivery charge. Restaurant To-Go Orders are delivered free of charge if the total value exceeds $35 from one or each restaurant. However, depending on your delivery area determined by zip code, some Restaurant To-Go Orders in the Seattle area are delivered free of charge only if the total value exceeds $59 from one or each restaurant.
- NOTE: Restaurant To-Go Orders from each separaterestaurant are delivered separately and have their own $35 free delivery minimum.
- On-Demand Delivery Service Fee. You will be charged a service fee of 10% of the total cost of the items (excluding tax).
- On-Demand Delivery Order Cut-Off. Restaurant To-Go Orders for On-Demand Delivery Time may not be cancelled or adjusted after the restaurant has confirmed the order.
- Scheduled Delivery Order Cut-Off. Restaurant To-Go Orders for Scheduled Delivery Time may not be cancelled or adjusted after a certain time before the delivery date as provided below:
- Northern California area lunch order: 8:00 PM the day before the delivery date
- Northern California area dinner order: 3:00 PM the day before the delivery date
- Southern California area lunch order: 8:00 PM the day before the delivery date
- Southern California area dinner order: 8:00 PM the day before the delivery date
- Seattle area dinner order: 5:00 PM the day before the delivery date
- New York area dinner order: 8:00 PM the day before the delivery date
- Pickup. Customers may request to pick up Restaurant To-Go Orders instead of being delivered.
- Pickup Time. Customers will be provided a 30-minute or an hour window (for a different day pickup) or (b) an ETA for pickup (for same-day pickup) to pick up the order at the restaurant (the “Pickup Window”) depending on availability from the restaurant. Customers who do not cancel the Restaurant To-Go Order based on the applicable Pickup Order Cut-Off time or do not pick up the order based on the chosen Pickup Window are not eligible for refund.
- Pickup Fees. Customers will not be charged any additional fees for choosing pickup for Restaurant To-Go Orders.
- Pickup Order Cut-Off. Restaurant To-Go Orders for scheduled pickup may not be cancelled or adjusted after 10:00 AM of the pickup date except, in the Southern California area, it will be 11:00 AM the day of pickup date. Restaurant To-Go Orders for same-day pickup may not be cancelled or adjusted after the restaurant has confirmed the order.
- No Combination With Other Orders. Restaurant To-Go Orders are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
- Coupons. Coupons can be applied to Restaurant To-Go Orders, but may not be combined with any other promotions or discounts.
- Fulfillment by Weee!. Customers can choose baked goods and fresh products with no substitutions from one of Weee!'s bakery/restaurant partners ("Fulfillment by Weee!"). Fulfillment by Weee! is subject to these additional terms and conditions, which are subject to change from time to time:
- Availability. Fulfillment by Weee! is available daily in limited quantities from bakery/restaurants selected by Weee!.
- Delivery. Fulfillment by Weee! delivery is subject to the delivery terms and conditions in Section 3.10 (Delivery of Non-Alcoholic Products (non Mail-Order)), which are subject to change from time to time.
- Delivery Order Cut-Off. You may modify or cancel Fulfillment by Weee! orders via the "Order Detail" section before the cutoff time, or by contacting our Customer Service Department at [email protected].
- No Combination With Other Orders. Fulfillment by Weee! may be combined with other non-order products, but may not be combined with mail-order or Marketplace products.
- Coupons. Coupons, Weee! Points and Weeebates can be applied to Fulfillment by Weee!, but may not be combined with any other promotions or discounts.
Section 4. Weeebates
The terms of the Weeebates program are found HERE.
Section 5. Weee! VIP Membership
Weee! VIP Members enjoy the following benefits:
- 5% rebates in Weee! Points with the purchase of eligible goods and services provided by Weee! (not applicable to Restaurant To-Go purchases);
- RTG On-Demand
- San Francisco Bay Delivery Area: $3.99 discounted from delivery fees (if the delivery fee is at least $3.99) for orders with subtotals (excluding tax, gratuities, and other fees) at least $15.
- Los Angeles Delivery Area: Free delivery if the delivery is within a 8 mile driving distance from the pick-up location at the restaurant.
- Other Delivery Area: Free delivery for any orders with subtotals of at least $12 (excluding tax, gratuities, and other fees).
- Two (2) free deliveries each week for purchase of grocery or alcoholic products.
Members do not receive rebates when they purchase from third-party postings. Weee! VIP Membership fees are not refundable.
The benefits provided to Weee! VIP Members do not apply to purchases from the Marketplace.
Section 6. Promotions & Discounts
Weee!, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only one (1) coupon can be used per order.
Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if Weee! finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, Weee! reserves the right to cancel or void the order, and close the customer account.
Promotions and discounts do not apply to purchases from the Marketplace unless the terms of such promotion and discount explicitly state that it applies.
Section 7. Third-Parties
Weee! may allow you to purchase, receive, or use products, content, information, offers, and services from certain third-parties. When Weee! makes these third-party services or products available or partners with them on advertising campaigns, Weee! acts only as the link between you and such third-parties, and should not be interpreted as an endorsement. Except as provided herein with respect to the Marketplace, you agree that Weee! does not assume responsibility and will have no liability for the purchase, payment, warranty, delivery, or maintenance, of any of these third-party products or services.
Section 8. Push Notifications, Telephone Calls, and Text Messages
You agree that Weee! may send you sales and marketing communications, such as by email, app-based push notification through the Weee! app, or text messages. You can opt out of receiving Weee! sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Weee! message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.
Section 9. Licensing Rights
- Weee Content & Partner Content. Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Weee! and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Weee! and our licensors reserve all rights in and to our Services. Weee! grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension or termination.
- User Generated Content. Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Weee!, you retain all rights in and to your User Content. You grant Weee! a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
- Your Feedback. Weee! is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
Section 10. Disclaimers
The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, Weee! disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Weee! does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Weee! does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
Section 11. Limitation of Liability/Remedy
To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Weee! be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if Weee! or a Weee! representative has been advised of the possibility of such damages.
Notwithstanding the foregoing, Weee!'s total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of Weee!), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Weee! (if any) during the thirty (30) day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
Section 12. Indemnification
You agree to indemnify and hold harmless Weee!, including and not limited to its subsidiaries and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.
Section 13. Arbitration Agreement
If you are a Weee! member in the United States (including its possessions and territories), you and Weee! agree that any dispute, claim or controversy arising out of or relating in any way to the Weee! Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Weee! are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Weee! membership.
If you elect to seek arbitration or file a small claims court action, you must first send to Weee!, by certified mail, a written Notice of your claim ("Notice"). The Notice to Weee! must be addressed to: Legal Department, Weee! Inc., 47467 Fremont Blvd., Fremont, CA 94538 ("Notice Address") cc: [email protected]. If Weee! initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Weee!, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Weee! and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Weee! may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Weee! receives notice at the Notice Address that you have commenced arbitration, Weee! will reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Weee! and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Weee!'s last written settlement offer made before an arbitrator was selected (or if Weee! did not make a settlement offer before an arbitrator was selected), then Weee! will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND WEEE! AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Weee! agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Section 14. Notice to California Consumers
Please contact Customer Service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California's Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.
Section 15. Governing Law
These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.
Section 16. Customer Support
To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the Weee! Help Center on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.
Section 17. Survival
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Section 18. Changes to Terms and Assignment
Weee! may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. Weee! may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or Weee!.
Section 19. Communication Preferences
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.