Snappy App, Inc.
Terms and Conditions
These terms and conditions apply to any document or agreement (the “Terms”) made by and between Snappy App, Inc. ("Us" or "Our" or "We" or "Snappy"), a Delaware corporation, and its customer (“Customer” or “You”) as specified on the order form incorporating these terms and conditions by reference. These Terms govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You through any of Our websites (all of Our websites are referred to in these Terms collectively as this “Website”) and Your use of the services provided to You by Snappy (collectively, the “Services”). The order form, cover page or other document or agreement that incorporates these terms and conditions by reference is referred to as the “Order Form.” By signing the Order Form, You agree to these Terms and Conditions.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. If We make modifications to these Terms, We will ask You to agree to the updated Terms when You log into Your Account (as defined herein).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use the Services; Your right to use the Services is conditioned on Your compliance with these Terms. You have no other rights in this Website or the Services and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while using the Services then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website. If You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
To create an account with Us (Your “Account”), You must register through the Website. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your Account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. If You forget Your password, We will send You a password update to Your provided email address.You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your Account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website. Should You believe Your password or security for This Website has been breached in any way, You must immediately notify us.
This Website allows You to purchase gifts (“Gifts”) for team members employed at Customer (the “Team Member”) by entering into an Order Form with Snappy. As set forth in the Order Form, You may select a dollar amount budget range (the “Individual Gift Budget”) from which the Team Members can select a Gift. You may be able to recommend a Gift to the Team Member, but if You allow them to select their Gift, they may not select the Gift that You recommend. The Gift the Team Member selects may be more expensive than the Gift that You recommended, however it will not exceed the Individual Gift Budget. You agree to pay all applicable fees for all Gifts purchased through Your Account as set forth in the Order Form and in Your Account. We will charge Your Account on the first day of each month with the projected Budgets of all Gifts to be given in such month, as set forth in the Order Form (the “Monthly Budget”). You agree to pay for such Monthly Budget and You acknowledge that if You fail to provide a valid payment method (e.g., credit card, Apple Pay or PayPal account or as set forth in the Order Form) or Your payment method cannot be processed, the Gifts will not be delivered to the Team Members. We may suspend or terminate the delivery of Gifts if Your payment is late and/or Your offered payment method cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the Monthly Budget. You pay the Monthly Budget upfront and as Team Members claim their Gifts, We deduct the amount of the Gift the Team Member selects from Your Account. We do not charge Your Account until the Team Member claims the Gift and We do not charge Your Account for Unclaimed Gifts. Additionally, if a Team Member wants to return or exchange their Gift, We will process this for them according to Our terms. We understand that You might cancel Your Account, but please know that We may not provide any refund(s) for claimed Gifts and You will be responsible for paying any balance due on the Account. Upon cancelation, We will cancel all unclaimed Gifts. If Your Account has a positive balance due to unclaimed Gift, We will refund You this Account balance.
When You sign an Order Form, You sign up for a reoccurring subscription according to the terms of such Order Form (a “Subscription”). Such Subscription continues until canceled as set forth in the paragraph below and is not assignable without Snappy’s prior written consent.
IMPORTANT NOTICE: SNAPPY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU THE SUBSCRIPTION FEE AT THE BEGINNING OF MONTH (BASED ON THE TERMS OF YOUR ORDER FORM). SNAPPY WILL CHARGE YOUR CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD WITH THE APPLICABLE FEES AS SET FORTH IN THE ORDER FORM, AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED, UNLESS YOU CANCEL ACCORDING TO THE CANCELLATION TERMS. TO CANCEL, EMAIL INFO@SNAPPYSAPP.COM AND SAY YOU WISH TO CANCEL. ONCE CANCELLED, NO ADDITIONAL FEES WILL BE CHARGED AND YOUR ACCOUNT BALANCE FOR UNCLAIMED GIFTS WILL BE REFUNDED. NO REFUNDS WILL BE GIVEN FOR CLAIMED GIFTS. SNAPPY REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. GIFTS
All Gifts are subject to the terms of the applicable retailer terms for such Gift. All images of Gifts are for illustrative purposes only and Gifts may vary from the pictures. Although we try to display the colors and details of the Gifts correctly, We cannot guarantee that a device will display the colors and details of the Gifts accurately. Gifts may vary from the images of such Gift.
All Gifts will be delivered in accordance with the applicable retailer terms for such Gift and the delivery will be handed by a carrier. We do not control the delivery time for any Gift. We are not liable for any delivery or shipping delays. Currently, We only ship within the United States. We are not liable for any delivery issues that may occur. Team Members should contact the carrier and/or the applicable retailer if any issues with the Gift and/or delivery of the Gift occur.
By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use
LINKS TO THIRD-PARTY SITES:
We sometimes provide links on his Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in your third-party site account.
Certain areas of this Website (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.By submitting any User Submission, You are promising Us that:You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;
Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
To interfere with or disrupt this Website or servers or networks connected to this Website;
To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
"Snappy" is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2016 Snappy App, Inc.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. You grant Us a limited, revocable, worldwide, non-exclusive license to use Your trademarks and logo to provide the Services hereunder during the terms of the Agreement.
DISCLAIMER OF WARRANTIES.THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.
Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.If You are a California resident, You waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
LIMITATION OF LIABILITY:
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00.LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
If We feel that You are not complying with these Terms, We will tell You and We may provide You with recommended necessary corrective action(s).However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Website will be heard in the courts located in San Francisco County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Snappy App, Inc., 1000 Chestnut St, Suite 3C, San Francisco, CA 94109. If You have a question or complaint regarding the Website or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact Us by writing Snappy App, Inc., 1000 Chestnut St, Suite 3C, San Francisco, 94109. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact us for any reason, You can reach us at by email at email@example.com or by mail at 125 5th Ave Floor 5New York City, NY, 10003.