Terms of Service

Thank you (“you” or “User”) for your interest in the njoyful mobile device application (the “App”) operated by NJOYFUL Inc. (“NJOYFUL”), a Delaware corporation. This User Agreement (this “Agreement”), including the arbitration and class action waiver provisions in Section 16 and 18 below[JF1] , applies to your use of the App. The App allows you to browse and purchase products from local merchants (“Merchants”).

BEFORE USING THE APP, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE APP.
NOTE TO KIDS UNDER 13 YEARS OF AGE: THE APP IS NOT FOR PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE APP.
1. Service
1.1 Browse and Purchase Products

Users have the ability to browse and purchase the products of local merchants (“Merchants”) listed on the App (“Product(s)”) after creating a user account (“Account”) in the App. The list of products available for you to browse will be based on a number of factors, including but not limited to, location from which you access the App, prior Products viewed and purchased, Merchants that you chat with and products popular with other Users in your area. You can purchase Products directly through the App by selecting the Product and providing your credit card information.

1.2 Returns

Return policies vary depending on the merchant’s policies.

2. Account
2.1 Account Information

To use the App, Users must create an Account by providing the following information: (i) name, (ii) billing address, (iii) e-mail, (iv) phone (optional) and (v) a user name and password.

2.2 Password

You will be responsible for all charges and other activities that occur under your account, and you agree to keep your Account login information confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss or theft of your mobile device), you agree to immediately notify Njoyful. You may be liable for the losses incurred by Njoyful or others due to any unauthorized use of your account.

2.3 Personal Use

Your Account is for your use only. You agree not to share your user name and password or otherwise permit any other person to access or use your Account.

3. Payment
3.1 General

Payment will be due at the time a Product is purchased. All online payments are made by credit card and are processed by our third party payment provider, as further detailed in the Privacy Policy. By purchasing a Product on the App, you hereby authorize Njoyful to charge the provided payment instrument for the product price, applicable taxes, any delivery charge and any other charges you may incur in connection with such product that are described in this Agreement. All payments are payable in U.S. dollars. Prices displayed to you are exclusive of any sales or taxes that may be due in connection with such prices, and you agree to pay any such taxes that may be due, other than taxes based on Njoyful’s net income. You also agree to pay Njoyful any costs and expenses incurred by Njoyful, including reasonable attorneys fees, in recovering any overdue but unpaid amounts due hereunder.

3.2 Refunds

All merchants being listed in the App have the possibility of refunding an order.

4. Push Notification
4.1 Proximity Device

Merchants may allow Njoyful to install proximity detection devices in their store(s) (the “Device”). When your mobile device has the App running of the Device, you will may receive push notifications that tell you, among other things: (i) promotions and discounts on certain Products, (ii) Products that you have previously browsed that are available in Merchant’s store and (iii) Merchant’s most frequently purchased Products. You may opt-out of receiving push notifications through the settings on your Account and mobile device.

4.2 Content

Merchants determine what content is distributed through push notifications triggered by the Device. You acknowledge and agree that Njoyful has no obligation to review the push notification content and hereby waive any legal or equitable rights or remedies you have or may have against Njoyful with respect thereto.

5. Social Network

After purchasing a Product or while log in or registration, you will be prompted to share the purchase on your Facebook. Should you choose to share your purchase, you will be redirected outside of the App and asked to log into your Facebook account. Upon being redirected from the App, you are subject to Facebook’s terms and conditions and privacy policy.

6. Modification

Njoyful may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Njoyful provides notice of the Changes, whether such notice is provided through the App user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

7. Ownership; Proprietary Rights

The App is owned and operated by Njoyful, Inc.. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the App (“Njoyful Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Njoyful Materials are the property of Njoyful or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Njoyful or its affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Njoyful Materials.

8. Prohibited Uses
8.1

The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information.

8.2

You may not use the App in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the App. You may not intentionally interfere with or damage the operation of the App or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of any content accessible through the App, or features that enforce limitations on the use of the App. You may not attempt to gain unauthorized access to the App, or any part of it, other accounts, computer systems or networks connected to the App, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted on the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. You agree neither to modify the App in any manner or form, nor to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorized access to the App.

9. User Communications

Under this Agreement, you consent to receive communications from Njoyful electronically. We will communicate with you by e-mail or by posting notices on the App. 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.

10. Notice

Except as explicitly stated otherwise, legal notices shall be served on (in the case of Njoyful) Njoyful’s national registered agent or (in your case) to the e-mail address you provided to Njoyful during the registration process. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

11. Violations; Termination

You agree that Njoyful, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have on the App or your use of the App, and remove and discard all or any part of your account information, at any time. Njoyful may also in its sole discretion and at any time discontinue providing access to the App, or any part thereof, without notice. You agree that any termination of your access to the App or any account you may have or portion thereof may be effected without prior notice, and you agree that Njoyful shall not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the App may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Njoyful may have at law or in equity. If you want all of your App account information deleted, you may notify Njoyful in writing via e-mail at info@njoyful.com

11. Violations; Termination

You agree that Njoyful, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have on the App or your use of the App, and remove and discard all or any part of your account information, at any time. Njoyful may also in its sole discretion and at any time discontinue providing access to the App, or any part thereof, without notice. You agree that any termination of your access to the App or any account you may have or portion thereof may be effected without prior notice, and you agree that Njoyful shall not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the App may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Njoyful may have at law or in equity. If you want all of your App account information deleted, you may notify Njoyful in writing via e-mail at info@njoyful.com

12. Disclaimers; No Warranties
THE APP AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NJOYFUL, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.NJOYFUL, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES OR FUNCTIONALITY CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NJOYFUL, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NJOYFUL RESERVES THE RIGHT TO DISCONTINUE ANY ASPECT OF THE APP AT ANY TIME, WITHOUT NOTICE.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Indemnification; Hold Harmless

You agree to indemnify and hold Njoyful, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, costs or expenses, including attorney’s fees, arising out of your use or misuse of the App, violation of this Agreement or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arises directly from the willful misconduct or gross negligence or Njoyful. Njoyful reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

14. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NJOYFUL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, FROM YOUR USE OF OR INABILITY TO USE THE APP, THE APP ITSELF, OR ANY OTHER INTERACTIONS WITH NJOYFUL, EVEN IF NJOYFUL OR A NJOYFUL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NJOYFUL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.IN NO EVENT SHALL NJOYFUL’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AGGREGATE PAYMENTS MADE BY USERS TO NJOYFUL HEREUNDER DURING THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER.YOU AND NJOYFUL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Arbitration

Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

16. Class Action Waiver
YOU FURTHER AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 15 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the App that is not subject to mandatory arbitration under Section 15 shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Njoyful without restriction. Sections 1.3, 2.2, 3, 4.2-4.3 and 8 through 18 will survive any termination of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Njoyful as set forth in Section 7 above.

18. Miscellaneous

The services hereunder are offered by Njoyful, Inc., email: info @njoyful.com, telephone: (415) 915 7523. Please contact us via e-mail if you have further questions regarding the App.