Effective: June 18, 2023
PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SSNATCH, LLC, AS DEFINED BELOW.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT, FOR UNITED STATES CONSUMERS, AS SET FORTH IN SECTION 14(F)); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.
Application of this Agreement
This Agreement governs your use of the Technology and Services (each as defined below) and is between you and ssnatch, LLC. “ssnatch,” “we,” “us,” and “our” mean ssnatch, LLC, a company residing in the United States (including Mexico) with no other locations. With respect to United States Orders, these Terms and Conditions constitute a legal agreement between you and ssnatch, LLC.
Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:
"United States Consumer" means your primary residence is in the United States, including Puerto Rico, a United States territory. "United States Order" means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).
2. Acceptance of this Agreement
ssnatch uses its online marketplace platform to connect you and other consumers, beauty product vendors, and independent third-party contractors who provide delivery and/or other services. ssnatch's Technology permits consumers to place orders for beauty products from vendors, either for delivery or pickup. If a delivery order is made, ssnatch uses the Technology to notify contractors that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, ssnatch uses the Technology to communicate with the consumer regarding the availability of the
order for pickup. ssnatch is not a merchant, retailer, beauty product vendor, delivery service, or beauty product preparation business.
If you access any of our websites located at https://ssnatch.com/ or install or use the ssnatch mobile application, install or use any other technology supplied by ssnatch (collectively, the "Technology"), or access or use any information, function, feature, or service made available or enabled by ssnatch (collectively, the "Services," which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the ssnatch account registration process, you, your heirs, assigns, and successors (collectively, "you" or "your") hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://ssnatch.com/terms/ or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with ssnatch; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the ssnatch account registration process and to bind such organization to the Agreement.
The specific Services available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the ssnatch mobile application. The terms "User" and "Users" refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
Subject to Section 14(k) of this Agreement, ssnatch reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://ssnatch.com/terms/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to these modifications, you should immediately cease using the Technology and Services.
4. Additional Terms and Policies
5. Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes, and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.
(c) You will only use or access the Services using means explicitly authorized by ssnatch. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services with an incompatible or unauthorized device.
d) You will not use or attempt to use another User's account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless ssnatch has given you prior permission to do so in writing.
(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants' product catalogs, for republication in any format or media.
(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate. You will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.
(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party.
(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any ssnatch server or the networks connected to any ssnatch server.
(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any ssnatch server.
(n) You will not probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures ssnatch may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.
(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.
(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, ssnatch, ssnatch employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.
(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that ssnatch deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.
(u) Your participation in using the Services is for your sole, personal, or internal business use.
(v) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
6. Contractors and Merchants Are Independent
(a) You understand and agree that ssnatch provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that ssnatch is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. ssnatch is not in the delivery business, does not provide delivery services, and is not a common carrier. ssnatch provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. ssnatch will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that ssnatch is not responsible for the Merchants' food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants' compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. ssnatch has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant's location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor ssnatch holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything that seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.
7. User Account
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify ssnatch immediately. ssnatch will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by ssnatch or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if ssnatch has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ssnatch has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by ssnatch or if you have been previously banned from the use of the Services.
8. User Content
(a) User Content. SSnatch may provide you with interactive opportunities through the Services, including, by way of example, the ability to post or otherwise provide to SSnatch Ratings and Reviews (as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, "User Content"). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) reflect negatively on SSnatch, including SSnatch's goodwill, name, and reputation; (x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, SSnatch, or any third party; (xii) violate any law or regulation; or (xiii) violate this Agreement or any community or content guidelines that SSnatch may publish from time to time (including but not limited to the SSnatch Review Guidelines). You hereby grant SSnatch (including SSnatch's service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with SSnatch's business and in all forms now known or hereafter invented (collectively, "Uses"), without notification to and/or approval by you. You further grant SSnatch a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to SSnatch herein shall survive termination of the Services or your account. SSnatch reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines SSnatch may publish or that SSnatch considers to be objectionable for any reason. You agree that SSnatch may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at SSnatch's sole discretion. SSnatch may also access, read, preserve, and disclose any information as SSnatch reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of SSnatch, our Users, and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Ssnatch through its suggestion, feedback, wiki, forum, or similar pages ("Feedback," which is considered User Content) is at your own risk and that Ssnatch has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Ssnatch (including Ssnatch’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide ("Ratings" and "Reviews"), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Ssnatch and do not represent the views of Ssnatch or its affiliates. Ssnatch shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; (iv) for United States Orders, any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (v) for Canada Orders, any Rating or Review you submit will comply with the Competition Bureau’s Enforcement Guidelines and Advertising Standards Canada's Interpretation Guideline for Testimonials, Endorsements and Reviews; (vi) your Rating or Review will comply with the terms of this Agreement; (vii) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; and (viii) any Rating or Review you submit will comply with our Review Guidelines. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action, in Ssnatch’s sole discretion, as we deem necessary or appropriate.
9. Communications with ssnatch
By creating a Ssnatch account or using the Technology or Services, you agree to accept and receive communications from Ssnatch, Contractors, Merchants, or third parties providing services to you or Ssnatch, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to Ssnatch. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Ssnatch and/or Contractors, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. For certain types of communications (for example, marketing, research, or product updates), you may be able to adjust the emails, text messages, push notifications, or other communications you receive from us in the Ssnatch mobile application, on our website, or through mechanisms or functionality available in the communication. For purposes of clarity, any text message you may receive from us, a Merchant, or a Contractor regarding an order is a transactional text message, not a promotional text message.
10. Electronic Records
By creating a Ssnatch account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Ssnatch at firstname.lastname@example.org with "Revoke Electronic Record Consent" in the subject line.
To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Ssnatch at email@example.com with contact information and your mailing address.
You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ssnatch provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.
11. Intellectual Property Ownership
Ssnatch alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Ssnatch. Ssnatch names, Ssnatch logos, and the product names associated with the Technology and Services are trademarks of Ssnatch or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.