These Terms of Service (“Terms”) govern your use of the Token services, including our website and mobile applications (the “Services”) and are entered into by you and Send Token, Inc.
When you use the Services to place an order for goods or services (“Products”), you authorize the purchase and delivery of those Products from third party retailers. Unless otherwise specified, you acknowledge and agree that Token is acting as your agent in purchasing, packing and delivery of Products purchased by you and is not the seller of the Products to you. You agree that title to the Products passes to you when they are purchased. Token will obtain a credit card authorization for your credit card on file to cover the cost of the Products and any separate Token fees, and your card will be charged for the Products purchased by you and any applicable fees.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Token, Token does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
When you use the Services, or contact us via email, text message, phone, chat or other communications via your mobile device or computer, you are communicating with us electronically. You agree to receive communications from us electronically, in any form including, without limitation, via email, text, messages on this site or any of our Apps, push notices or through any other electronic means.
Your Use of the Services
Token reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time and for any reason. Token attempts to be as accurate as possible with Product descriptions. However, Token does not warrant that product descriptions or other content of any Token Service is accurate, complete, reliable, current, or error-free. We do not guarantee the price of any Product until you place an order. In the unlikely event the correct price of a Product is higher than the price we state in the recommendation we will, at our discretion, either contact you for further instructions or cancel your order.
Token grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes only subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell or lease any part of the Services. You may not reverse engineer or attempt to extract the source code of the Services. All rights not expressly granted to you under these Terms are reserved and retained by Token or its service providers, suppliers or other content providers.
If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You are responsible for all conduct and transactions that take place on or using your account and agree that you will take precautions to keep your password and other account information secure.
Token may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Token with any feedback on, or comments relating to, the Services you grant Token the right to use such feedback or comments for any purpose without restriction or payment to you.
Third-party Products and Content
To the fullest extent permitted by applicable law, Token does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Token will have no liability based on such purchase, use or access.
You may have the option to order delivery of alcohol products in some locations. You agree that you will comply with all applicable laws and not cause Token to contravene any applicable laws. You agree that both you, and the ultimate Product recipient, are 21 year of age or older if you order alcohol products. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Personal Shopper delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Token reserves the right to cancel the alcohol-related portion of your order.
Services Provided As-Is
Except as otherwise set forth herein, the services are provided "as is" and "as available." To the maximum extent permitted by applicable law, token disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, token makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or products requested through the use of the services, or that the services will be uninterrupted or error-free. You agree that, as between you and token, the entire risk arising out of your use of the services, or any products requested by you or delivered to you, remains solely with you.
You agree to defend, indemnify and hold harmless Token and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall token, its affiliates, and each of its and their respective officers, directors, employees, agents, shareholders, licensors, and suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if token or its agents or representatives know or have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, token’s entire aggregate liability under these terms, or in connection with your use of the services and/or products, shall not exceed an amount equal to the greater of (a) $100, or (b) the amount paid by you to token during the 12 months immediately preceding the claim which gives rise to the liability.
Disputes & Arbitration
If you have a dispute with Token arising out of your use of the Services you agree to contact us first and attempt to work out any such dispute amicably. If we can’t work out a solution amicably, both you and Token agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or, where the claim qualifies, small claims court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules, including the Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also each agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
Token does not accept service of subpoenas via email or fax and will not respond to any subpoena served in such way.
Token respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Token will respond to valid notices of copyright infringement.
If you believe any content posted or made available through the Services constitutes infringement of your copyright please submit your complaint to us via email at email@example.com. Alternatively, you may send a written notice of infringement to Token’s designated Copyright Agent using the contact information listed below.
In your email or written notice, please specify the nature of the copyright infringement.
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice.
These Terms will be governed by the laws of the State of New York, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 8 (Disputes & Arbitration) above shall be brought exclusively in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Token, shall constitute the entire agreement between you and Token with respect to the Services and Products, and any use of the same. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Token’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void.
Changes to the Terms
Token may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
If you have any questions, complaints or comments about the Services contact us at:
Send Token, Inc
473 Grand Street
Brooklyn, New York 11211