OVERVIEW:
Welcome to Distacart.com. Distacart Inc and/or its affiliates ("Distacart") provide website features and other products and services to you when you visit or shop at Distacart.com, use Distacart products or services, use Distacart applications for mobile, or use the software provided by Distacart in connection with any of the foregoing (collectively, "Distacart Services"). Distacart provides the Distacart Services subject to the following conditions.
PRIVACY
Please review our Privacy Notice, which also governs your use of Distacart Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Distacart Services or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Distacart Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Distacart Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Distacart or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Distacart Service is the exclusive property of Distacart and protected by the U.S. and international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Distacart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Distacart Services. This license does not include any resale or commercial use of any Distacart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Distacart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Distacart or its licensors, suppliers, publishers, rightsholders, or other content providers. No Distacart Service, nor any part of any Distacart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Distacart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Distacart without express written consent. You may not use any meta tags or any other "hidden text" utilizing Distacart's name or trademarks without the express written consent of Distacart. You may not misuse the Distacart Services. You may use the Distacart Services only as permitted by law. The licenses granted by Distacart terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Distacart account to use certain Distacart Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Distacart does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Distacart Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Distacart Household. Alcohol listings on Distacart are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Distacart reserves the right to refuse service, terminate accounts, terminate your rights to use Distacart Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Distacart reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Distacart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Distacart and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Distacart for all claims resulting from content you supply. Distacart has the right but not the obligation to monitor and edit or remove any activity or content. Distacart takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Distacart respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use our contact us form at https://www.distacart.com/pages/contact to report listings that you believe violate your intellectual property rights and we will investigate the matter
RISK OF LOSS
All purchases of physical items from Distacart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Distacart does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Distacart does not take title to the refunded item.
DISCOUNT CODES, STORE CREDITS AND GIFT CARD
Distacart provides store credits, Discount codes and Gift Card to the customers during promotional activities. While placing an order customer can avail only one option (either Discount Code or Store Credits or Gift Card) and under no circumstances these cannot be clubbed together.
Note: Distacart reserves the rights at any time, without any prior notice to add, alter, modify, change or vary all or any on of these terms and conditions or to replace it as a whole or in a part, or to withdraw it all together.
PRODUCT DESCRIPTIONS
Distacart attempts to be as accurate as possible. However, Distacart does not warrant that product descriptions or other content of any Distacart Service is accurate, complete, reliable, current, or error-free. If a product offered by Distacart itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Distacart and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on Distacart.
With respect to items sold by Distacart, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Distacart is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Distacart Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Distacart Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Distacart Software), technology, and services.
OTHER BUSINESSES
Parties other than Distacart operate stores, provide services or software, or sell product lines through the Distacart Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Distacart. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Distacart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability) shall Distacart, its officers, directors, employees, subsidiaries or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages, such as, but not limited to loss of revue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting, or resulting in any way from(1) the use of the services; (2) the inability to use the services (3) modifications of or removal of any portion of the services, or the content offered therein; (4) these terms of use; (s) the accuracy, timeliness, performance, completeness, or suitability of any content or the services for any particular purpose; (6) defects in the content or the services; (7) errors, inaccuracies, or omissions in Distacart’s content or the services; (8) damage from any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. Furthermore. neither Distacart nor its officers. directors. employees. subsidiaries. or affiliated companies shall be liable in any way for third-party products and services offered through the services. Moreover, Distacart and its officers. directors. employees. subsidiaries. or affiliated companies shall not be liable for any damage to your computer, device, hardware, software, or other property arising out of, related to, caused by, or resulting in any way from access to or use of the services.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential incidental or other damages, so the above limitations may not apply to you. In these jurisdictions, Distacart liability will be limited to the maximum extent permitted by law.
DISPUTES
Any dispute or claim relating in any way to your use of any Distacart Service, or to any products or services sold or distributed by Distacart or through Distacart.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
APPLICABLE LAW
By using any Distacart Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Distacart.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Distacart Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Distacart Refer-a-Friend Program Terms & Conditions:
As a Refer-a-Friend member (a “Referrer”), you are subject to Distacart’s Terms of Use and Distacart’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Distacart’s Refer-a-Friend program.
Qualified Referral. A Qualified Referral is defined as a purchase made at www.Distacart.com by a person (a "Referred Customer") who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an eligible order.
Reward Payments. Rewards are payable in increments of $7. As a Referrer, you are responsible for all tax liability resulting from Referral Rewards.
Eligibility is limited to individuals only. Distacart’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined at Distacart’s sole discretion. (Corporations are not people, my friend!)
No Spam. You must comply with all up to date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Distacart’s Refer-a-Friend program.
Right to Close Accounts. Distacart reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Distacart Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Distacart reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
OUR ADDRESS
Distacart Inc.
33701 Whimbrel Road Fremont, CA 94555, USA
Toll-free:+1-855-253-4782
Email: legal@distacart.com
https://www.distacart.com
