Last update: 22nd September 2022
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions (“App Terms”) on which we, Sndjoy Inc (“we”, “our” or “Sndjoy”), provide access to our website https://www.sndjoy.com and any Sndjoy mobile application through which you order services (together, “the App”). Please read these App Terms carefully before ordering any service through the App. By ordering services through the App (whether now or in the future), you agree to be bound by these App Terms. Use of the website is also subject to these App Terms.
We reserve the right to change these App Terms from time to time by changing them on this page. We advise you to print a copy of these App Terms for future reference. These App Terms are only in the English language.
Use of your personal information submitted via the App is governed by our Privacy Policy and Cookies Policy.
For the avoidance of doubt, please note that references to “App” in these App Terms include any current or future version of our website https://www.sndjoy.com and any Sndjoy mobile application through which you access and use our App, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our App that may be developed from time to time).
By accessing any part of the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you should leave the App immediately, and you will not be able to service any products through the App.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Sndjoy Inc. is a company registered in United States, whose registered office is at 1701 Sutherland Ave, Knoxville, TN 37921, United States
1.2. Service Orders: We provide a way for you to communicate your orders (“Order” or “Orders”) for services (“Service” or “Services”) to gift experts in the USA (“Gift Expert” or “Gift Experts”) displayed on the App. The legal contract for the supply and purchase of Services is between you and the Gift Expert that you place your Order with and we will conclude the sale of Service on behalf of, and as agent for, the Gift Expert in all cases.
1.4 Delivery Services: The Gift Experts on our App provide their own delivery service in order to bring the Service(s) you order to you or to the receiver (“Receiver” or “Receivers”). In this case, the Gift Expert may charge you a delivery fee (which be included in the price agreed with the Gift Expert).
2. APP ACCESS AND TERMS
2.1. App access: You should register or log in in order to access the App, and also to be able to make an Order..
2.2. Acceptance of terms: By accessing the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you won’t be able to access the App or order any Services through the App.
2.3. Revision of terms: We may revise these App Terms at any time. You should check the App regularly to review the current App Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these App Terms and that they comply with them.
2.5 Information you provide: You confirm that all information provided by you to us (including to our Support team) is true and accurate in all respects and at all times.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the App, you warrant that:
3.1.1. You are legally capable of entering into binding contracts with Gift Experts; and
3.1.2. You are at least 18 years old.
3.2. Alcohol, cigarettes and other smoking products:
3.2.1. You acknowledge and agree that: it is an offense for any person under the age of 21 to buy, or attempt to buy, alcohol in the USA, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the USA on behalf of any person who is under the age of 21;
3.2.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age (or the Receiver’s age) on collection or delivery of your Order. If you are unable to provide proof that you are aged 21 or over to the satisfaction of your chosen Gift Expert, or if the Gift Expert reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought from a receiver under the age of 21, the Gift Experts reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have agreed with the Services/Products you wish to order with the selected Gift Expert through the chat and provided the required information, The Gift Expert will generate the Order and share it with you on the chat. You will be given the opportunity to review your Order by clicking on it. It is important that you check all the information that the Gift Expert has entered and correct any errors before paying and confirming it; once you do so you will be entering into a contract with the Gift Expert.
4.2. Amending or canceling your Order: Once you have paid your Order, the Order is confirmed and sent to the Gift Expert and, you cannot change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact the Gift Expert through the chat. Or you may contact our Support team as described in paragraph 6.3 and they will attempt to contact the Gift Expert in order to communicate your requests. However, there is no guarantee that we will be able to reach the Gift Expert or that the Gift Expert will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Gift Expert.
4.4. Processing your Order and Gift Expert cancellations: Upon payment of your Order, we will send it to the relevant Gift Expert and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive each confirm that you have a contract for the sale of Services with a Gift Expert but this does not necessarily mean that your Order will be fulfilled by the Restaurant. We encourage all our Gift Experts to communicate any rejection promptly, and we will notify you (generally by push notification) as soon as reasonably practicable if a Gift Expert cancels your Order. However, Gift Experts have the ability to cancel Orders at any time because they are too busy, they don’t find the agreed gifts, they don’t find the receiver to deliver them, or for any other reason. In doing so, Gift Experts will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
4.5. Delivery of your Order: Estimated times for deliveries are provided by the Gift Experts and are only estimates. Neither we nor the Gift Experts guarantee that Orders will be delivered within the estimated times. By selecting to have your Order delivered, you are confirming that the Receiver (or You) will be present at the delivery address you indicated in order to receive the Order. If the Receiver (or you) is not present at the delivery address when the Order is delivered, the Gift Expert will make reasonable efforts to contact you in order to determine where to leave the Order. If we are unable to contact you, we may leave the Order at a reasonable location outside, close to the delivery address. We will not be responsible for the Order (including the quality or safety of the contents of the Order when you find it) after delivering the Order. Please note that when the Gift Expert is delivering the Order, he will decide whether to leave the Order outside the delivery address if the Receiver (or you) is not present.
5. PRICE AND PAYMENT
5.1. Prices: The service price will be an agreement between you and the Gift Expert. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge. These will be added to the total amount due where applicable.
5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the App.
5.3. Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.4. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently canceled by the Gift Expert (as described in paragraph 4.4 above) or canceled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Gift Expert will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER SUPPORT
6.1. General: Customer Support is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Support team will therefore try to assist you where possible if you have any problems with your Order or your Account. You can contact our Customer Support team by clicking or selecting the “Help” on www.sndjoy.com or by emailing us to acc@sndjoy.com
6.2. Questions about your Order: If your Order is due past or you have any other problems with your Order, you can contact our Customer Support Team as described above and one of our Advisers will attempt to contact the Gift Expert in order to follow up on your query.
6.3. Changing or canceling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact the Gift Expert using the direct chat. Alternatively, you may contact our Customer Support team as described above and they will attempt to contact the Gift Expert in order to communicate your requests. However, there is no guarantee that we will be able to reach the Gift Expert or that the Gift Expert will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Services provided by a Gift Expert, please consider providing feedback in the form of ratings, comments, and reviews on the App (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process. You are responsible for ensuring that all Reviews you provide are accurate and based on your own, genuine experience.
6.5. Compensation: The legal contract for the supply and purchase of Services is between you and the Gift Expert whom you place your Order with. We have no control over Gift Experts and the quality of the service that they provide, and Sndjoy has no responsibility or liability for providing any compensation to you.
If you are dissatisfied with the quality of the service provided by a Gift Expert and wish to seek a refund, a proportionate price reduction, or any other compensation, please let us know within 24 hours of delivering your Order. Depending on the reported issue, you may be able to send your request for compensation via our Website, or we may ask you to contact the Gift Expert directly to file your request.
6.6. Processing refund requests: Where we are processing refund requests, please be aware that we may ask you to provide reasonable evidence (such as photographs) demonstrating a reported issue with your Order. In addition and prior to processing any refund request, we may take other relevant factors into account, such as the details of your Order and its delivery, your account data and ordering history, transaction data, and information received from the Gift Expert.
6.7. Statutory Rights: The foregoing clauses in this Customer Support section do not affect your legal and statutory rights when ordering Services via our App.
7. LICENCE
7.1. Terms of permitted use: You are permitted to use the App and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the App may not be used, and no part of the App may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. APP ACCESS
8.1. App availability: While we try to ensure the App is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable at any time or for any period.
8.2. Suspension of access: Access to the App may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1. General:
9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the App (including without limitation Reviews) User Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any User Material, you represent and warrant that you own or otherwise control all of the rights to such User Material. You agree that we will have no obligations with respect to any User Material and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any User Material and all data, images, sounds, text, and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that any User Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. User Material Policy: You are prohibited from posting, uploading or transmitting to or from the App any User Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorized advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the App must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another\’s privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other User Material posted, uploaded or transmitted to the App that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other User Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and User Material reflect the opinions of customers who have ordered through the App or other third parties, and any statements, advice, or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other User Material, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.
9.6. Images: Any images of Services displayed on the App are provided as a design feature of the App only and may not be either (a) an image of service provided by the Gift Expert from which you choose to order; or (b) representative of the service you receive from a Gift Expert.
9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Gift Expert or any other third party arising out of or in connection with any Reviews or other User Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.8. Disclosure to authorities and courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other User Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the App or our website are provided solely for your convenience. If you use these links, you leave the App or the website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website’s homepage (www.sndjoy.com), provided that:
10.2.1. you do so in a fair and legal way that does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (User Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS
11.1. App information: While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. We may make changes to the material on the App, or to the functionality described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.3. Gift Expert actions and omissions: The legal contract for the supply and purchase of Services is between you and the Gift Expert that you place your Order with. We have no control over the actions or omissions of any Gift Experts. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the App:
11.3.1. We do not give any undertaking that the Services ordered from any Gift Expert through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.2. Estimated times for deliveries are provided by the Gift Experts and are only estimates. Neither we nor the Gift Experts guarantee that Orders will be delivered within the estimated times.
11.3.3. We encourage all our Gift Experts to communicate any rejection promptly, and we will notify you (generally by push notification) as soon as reasonably practicable if a Gift Expert cancels your Order. However, we do not guarantee that Gift Experts will accept and fulfill all Orders, and Gift Experts have the ability to cancel Orders at any time because they are too busy, they don’t find the agreed gifts, they don’t find the receiver to deliver them, or for any other reason. Gift Experts will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.
11.3.4. The foregoing disclaimers do not affect your statutory rights against any Gift Expert.
11.4. Exclusion of terms: We provide you with access to and use of the App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings, and other terms in relation to the App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12. LIABILITY
12.1. General: Nothing in these App Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these App Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the App (including the use, inability to use or the results of the use of the App) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or €100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair, or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13. TERMINATION
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the APP in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other User Material in breach of paragraphs 9.2 or 9.3 (User Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites);
13.1.4. you have breached any other material terms of these Website Terms;
13.1.5 there is unauthorized, fraudulent, or otherwise suspicious activity taking place on your account; or
13.1.6 you have significantly or repeatedly breached paragraph 2.5 (Information).
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the App, the website or ordering Services via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App or website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these App Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.
16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the website and your use of it.
16.3. Severability: If any of these App Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these App Terms are included for convenience only and shall not affect their interpretation.