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Enjoy Technology, Inc. (“Enjoy”) provides delivery, setup, expert help, and other services as more fully described below (“Services”) in connection with acquisition and use of products purchased from Enjoy and other providers. These Terms of Service (“Terms”) apply to all Services used by any entity or person (“You”) and these Terms are a legally binding contract between You and Enjoy. Your use of any Service indicates that You agree that these Terms apply to all Services used by You. If You do not agree with any portion of these Terms with respect to any Service, do not use that Service.
Services provided by Enjoy and subject to these Terms include (i) delivery, setup and expert help performed by a representative of Enjoy (an “Expert”) with respect to products sold to You by Enjoy or by a third party, (ii) Enjoy’s website at www.enjoy.com (“Site”) and other Enjoy websites referencing these Terms, and (iii) scheduling, support, and other services provided through any manner of communication, including the Site, telephone, text messaging, and email. The Services are subject to the limitations in these Terms. All merchandise and third party services (including digital goods) sold through Services are subject to these Terms and Enjoy’s Return Policy in effect on the date of Your purchase. Any warranty provided by a third-party, including any standard warranty provided by an equipment manufacturer and any extended warranty service purchased by You, is the sole responsibility of the third party warranty provider and not Enjoy.
(1) Please be on time for Your scheduled Service event.
(2) You must ensure that at least one responsible adult, age 18 or older, in addition to the Enjoy Expert, is present during the entire performance of Services.
(3) Enjoy recommends that You make a back-up copy of all contacts, messages, images, applications, and all other software and data stored on any device that will be the subject of Enjoy Services. Enjoy will not be responsible for any loss of or damage to any software or data.
(4) You must not request any Service to be performed at any location, public or private, that You know or suspect may present any unreasonable risk of injury to the Enjoy Expert providing the Service. When Services will be provided at Your home or another location controlled by You, You will provide the Enjoy Expert a safe place to work and safe access to and from the location.
(5) For every device for which You request any Service, You will ensure that You either own the device or have permission from the device’s owner to have Services performed on the device.
(6) You will complete other reasonable preparation requested by Enjoy prior to Your Service event.
Services are subject to the availability of Experts, offered in limited areas only and scheduled on a first-come, first-served basis. Enjoy shall not be liable for any failure or delay in performance due to any cause beyond Enjoy’s control. Enjoy reserves the right to cancel or reschedule the Services for any reason, including, without limitation, concerns for the safety of Experts. Enjoy Experts are trained to provide delivery, setup and expert help as defined from time-to-time by Enjoy and they are not trained or intended to provide any other services, including repairs, integration, and troubleshooting. Enjoy is not responsible for any services, even if provided by an Expert, that are outside the limitations and intended scope of the Services.
You must be at least 18 years of age to purchase or schedule Expert Services or to purchase merchandise from the Site, or to establish an account with Enjoy. If You are using the Service on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind such organization to these Terms and You agree to be bound by these Terms on behalf of such organization.
Fees paid for Services are not refundable, except in limited circumstances described in Enjoy’s Return Policy in effect on the date of Your purchase. Inventory is confirmed available and will be reserved for You when You complete Your checkout. Enjoy will charge the payment method You specify at the time of purchase. You authorize Enjoy to charge all applicable sums to that payment method. Your payments will also be subject to any terms presented to You during the payment process.
Through Your Enjoy account, You may have access to a referral link that You can use to refer other people to shop at Enjoy. If a person You refer using the link (the “Referee”) completes a qualifying first-time purchase from Enjoy, You will earn a credit that You may apply to future purchases within 90 days. A qualifying first-time purchase means a purchase the Referee makes of an eligible product within 90 days after Your referral.
You may not conduct your own public promotion, marketing or advertising in connection with our referral program. Referral links may be used only for personal, non-commercial purposes. For example, You may share the referral link with Your personal connections through email, Facebook, Twitter, and other sites where you are the primary content owner.
However, public distribution of the referral link on sites where you are not the primary content owner is prohibited. Attempting to circumvent Enjoy's referral program policies may result in forfeiture of referral credits in Your account and Your ability to participate in the program. Enjoy reserves the right to void referrals and referral credits earned if we suspect that the referrals or referral credits were earned in a fraudulent manner, in a manner that violates these Terms of Service, or in a manner otherwise not intended by Enjoy.
Referral credits are not redeemable for cash; are not transferable; may not be auctioned, bartered or sold; may not be pooled with credits of other participants, and expire ninety (90) days after the later of when either (i) You apply all or part of Your credits or (ii) Your Referee makes a qualifying first time purchase. The authorized recipient cannot be changed on orders made through the referral program. Enjoy reserves the right to change, cancel or otherwise alter the referral program at any time, for any reason.
These Terms are effective until terminated by You or Enjoy. Your rights under these Terms will terminate automatically without notice from Enjoy if You fail to comply with any term or condition of these Terms (including any violation of any license restriction provided herein). In addition, Enjoy may, in its sole discretion, terminate Your account on the Service or suspend or terminate Your access to the Service at any time, with or without notice. Enjoy also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. Enjoy will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by ceasing use of the Service. Upon any termination of these Terms, You must immediately cease all use of the Service.
The Services and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Enjoy and its licensors. Except for the limited license expressly granted to You under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel, or otherwise. All rights not expressly granted by Enjoy hereunder are expressly reserved.
Please feel free to send Enjoy any feedback, comments, or suggestions (collectively, “Feedback”) to firstname.lastname@example.org. By sending Feedback to Enjoy, You agree that: (i) Enjoy has no obligation to review, consider, or implement Your Feedback; (ii) Feedback is provided on a non-confidential basis; and (iii) You irrevocably grant Enjoy and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
You agree to indemnify, defend, and hold harmless Enjoy (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Enjoy by reason of, or arising from, Your acts or omissions, including, but not limited to, breach of these Terms, intellectual property infringement, failure to pay for Services, or failure to comply with applicable laws, regulations, and ordinances.
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENJOY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ENJOY MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENJOY, INCLUDING THE EXPERTS, OR THROUGH SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY WARRANTY PROVIDED BY A THIRD-PARTY WITH RESPECT TO MERCHANDISE AND THIRD PARTY SERVICES ARE THE RESPONSIBILITY OF SUCH THIRD-PARTY PROVIDER AND SHALL NOT CREATE ANY WARRANTY, LIABILITY OR OBLIGATION OF ENJOY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
TO THE EXTENT NOT PROHIBITED BY LAW, ENJOY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE RESULTING FROM, RELATED TO, OR ARISING OUT OF THE USE (OR THE INABILITY TO USE) SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ENJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTIONS, OR OTHER SIMILAR DAMAGES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IT IS YOUR RESPONSIBILITY TO BACK-UP THE SOFTWARE AND DATA STORED ON YOUR DEVICES AND ENJOY SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, FILES, OR PRODUCTS. OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ENJOY’S LIABILITY TO YOU EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU TO ENJOY FOR THE SERVICE OR OTHER ITEM WITH RESPECT TO WHICH THE CAUSE OF ACTION AROSE OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
You and Enjoy agree to submit to the personal and exclusive arbitration of any disputes relating to Your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Mateo County, California. You understand that You cannot and agree not to sue Enjoy in any other forum. You also acknowledge and understand that, with respect to any dispute with Enjoy arising out of or relating to Your use of the Services or these Terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (iii) YOU MUST FILE ANY CLAIM WITHIN 1 YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED. If this Section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue for any action arising out of or related to these Terms will be the state and federal courts in San Mateo County, California.
If You are a California resident, under California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 to resolve a complaint regarding the Service or to receive further information about the Service.
Enjoy reserves the right, at its discretion, to modify these Terms on a going-forward basis at any time, with or without prior notice. If Enjoy updates these Terms, Enjoy will post a new version on the Site. As soon as You use a Service after the updated Terms are posted, You will be deemed to have agreed to the updated version. Your continued use of the Services after a change to these Terms constitutes Your binding acceptance of the updated Terms. If You do not agree to the modified Terms, Your sole and exclusive remedy is to terminate Your account and You may no longer use the Services. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are the entire and exclusive understanding and agreement between You and Enjoy regarding Your use of the Services. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by an authorized representative of Enjoy. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without Enjoy’s prior written consent. Enjoy may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Enjoy’s right to require performance at any other time after that, nor will a waiver by Enjoy of any breach or default of these Terms, or any provision hereof, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. The Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. If any provision of these Terms is held to be contrary to law, invalid, or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.
Last updated November 17, 2016
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