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Terms of Use Gift Expert

Last update: 22nd September 2022

IMPORTANT LEGAL NOTICE

These Terms and Conditions (“Terms”) govern your use of the Sendjoy for Joygiver Application (“Joygiver App”), platform, and affiliated content, which are copyrighted works belonging or licensed to Sndjoy Inc., to sign up as a Gift Expert and/or provide such services through the Sndjoy Platform (as defined herein). Please read these Terms carefully before using the Joygiver App. 

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).

Before using the Joygiver App, you are required to read, understand, and agree to these Terms. By using the Joygiver App, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Instacart’s Shopper and Shopper Applicant Privacy Policy.

TERMS AND CONDITIONS OF USE AND SALE

1. DEFINITIONS

1.1. The “Joygiver App” shall mean the software provided by Sndjoy, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Joygiver App. The Joygiver App allows you to submit your information to sign up to provide services through the Sndjoy Platform and to receive information to enable your performance of “Services” which shall mean personal shopping and/or delivery services through the Sndjoy Platform pursuant to the Agreement.

1.2. The “Sndjoy Platform” is Sndjoy’s technology that provides a communications and logistics platform that enables consumers who seek Services from Gift Experts in their area to be matched with individuals interested in providing those services.

1.3. “Device” shall mean a mobile device capable of running the Joygiver App.

2. PROPRIETARY RIGHTS AND LICENSES

2.1. All trademarks, copyright, database rights, patent, and other intellectual property rights of any nature in the Joygiver App together with the underlying software code, and its affiliated content (which may be accessed outside of the Joygiver App on Sndjoy-controlled web pages), and any and all rights in, or derived from the Joygiver App or the Sndjoy Platform are proprietary and owned either directly by Instacart or by Sndjoy’s licensors and is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Joygiver App in compliance with these Terms and the Agreement. No portion of the Joygiver App may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Joygiver App in any manner, and you shall not exploit the Joygiver App in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

2.2. Sndjoy hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, and perpetual revocable license to use the Joyogiver App for your lawful use in accordance with these Terms and the Agreement on your Device. Sndjoy retains all rights, title, and interest in and to the Joygiver App, the Sndjoy Platform, and its other intellectual property. This license starts on the date that you accept these Terms and install or otherwise use the Joygiver App. The license ends on the earlier date of your disposal of the Joygiver App or Sndjoy’s termination of the license in accordance with these Terms or the Agreement.

2.3. The Joygiver App may request from you any feedback, including but not limited to product, or images of receipts or products (“Feedback”). You agree that such Feedback shall be the exclusive property of Sndjoy and that you will sign all documents necessary to confirm or perfect the exclusive ownership of Sndjoy to the Feedback. You further agree not to enforce, and otherwise waive to the fullest extent legally possible any moral rights that you may have now or in the future in respect of the Feedback and, to the extent Sndjoy is not recognized as the owner of Feedback, you agree to grant Sndjoy a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, exploit, or modify the Feedback in any way and for any purpose without payment to you.

3. CONDITIONS OF USE

3.1. When signing up to be a user of the Sndjoy Platform, your information will be used to create an account. You may not sign up more than once. You will take all reasonable steps to protect your login details and keep them secret, including any access codes you may be sent to access your account. You are responsible for all activities performed using the Joygiver App whether the access is authorized by you or not.

3.2. You may use the Joygiver App in accordance with the following conditions:

  • Pursuant to the Agreement, with the terms of service of the relevant digital storefront where you obtained the Joygiver App, including but not limited to the Apple iOS App Store and the Google Play Store, in accordance with any applicable third party terms of agreement using the Joygiver App, and per any applicable law, rule, and regulation.
  • You may only use the Joygiver App in countries and territories where Sndjoy’s services are available to customers.
  • You must provide Sndjoy information that is true, accurate, and complete at all times and you may not impersonate any other person in your use of the Joygiver App or the Sndjoy Platform or post another person’s personal information, data, content, or materials through the Joygiver App or the Sndjoy Platform without the person’s consent.
  • You may not rent, lease, sell, transfer, redistribute, or sublicense the Joygiver App.
  • You may not use or promote the use of any form of modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in your use of the Sndjoy Platform.
  • You may not attempt to disrupt or burden the normal operation of the Sndjoy Platform, any of Sndjoy’s infrastructure or any of Sndjoy’s other business activities.
  • You may not make any automated uses of the Joygiver App or the Sndjoy Platform or gain any other unauthorized access therewith.
  • You may not attempt to decompile, reverse engineer, disassemble, hack, defeat, or overcome any of Instacart’s software, encryption technologies, or security measures or data transmitted, processed, or stored by Sndjoy.

3.3. Sndjoy’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 with respect to that provision, any other provision, or these Terms as a whole.

4. DISCLAIMER AND LIMITATION OF LIABILITY

4.1. THE JOYGIVER APP AND SNDJOY PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNDJOY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNDJOY MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SHOPPER APP OR SNDJOY PLATFORM, OR THAT THE SHOPPER APP OR SNDJOY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

4.2. SNDJOY SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE JOYGIVER APP OR SNDJOY PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING, AND/OR DELIVERING INFORMATION REGARDING THE SERVICES. INSTACART SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF SNDJOY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNDJOY IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE SNDJOY PLATFORM THROUGH THE JOYGIVER APP. SNDJOY IS NOT LIABLE FOR ANY CHARGES YOU MAY INCUR IN USING THE JOYGIVER APP. SNDJOY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE JOYGIVER APP OR BY ANY OTHER MEANS. SNDJOY SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE JOYGIVER APP OR SNDJOY PLATFORM IN ANY COUNTRY.

5. CHANGES AND UPDATES

5.1. Sndjoy may make changes to these Terms from time to time. When Sndjoy does so, Sndjoy will post the most current version of the Terms and, if a revision to the Terms is material, Sndjoy will notify you of the new Terms (for example, by email or a notification on the Joygiver App). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Joygiver App.

5.2. You understand that, Sndjoy may, at its sole discretion, provide updates and changes to the Joygiver App and Sndjoy Platform and that it is your responsibility to update the Joygiver App when updates are available. Sndjoy is not liable for any loss that you may suffer as a result of your failure to update.

  1. CONTACT INFORMATION

6.1. If you have questions about signing up or performing your Services as a gift expert, please contact acc@sndjoy.com.