Thank you for using Gogocurb. These Terms of Service (“Terms”) govern your use of the Gogocurb services, including Gogocurb’s website, Gogocurb’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Gogocurb (collectively, the “Services”), and are entered into by you and Telecorrect Inc. (dba Gogocurb), a Delaware corporation (“Gogocurb”).
SECTION 12 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND GOGOCURB HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GOGOCURB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts (“retailer”) from which you can select goods to buy and pay for online and for the retailer to have it ready for pickup (if available) by the customer (“individual customer”) either in-store or curbside.
Pickup will be conducted by an individual customer. Each individual customer acknowledges that they will have available a valid 21+ ID and the credit/debit card used to place the online order, for the store representative to verify before the order pickup can be completed. The person that made the online purchase MUST BE present with the valid 21+ ID and card when picking up either in-store or curbside.
When you use the Services to place an order for products, you authorize the purchase of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that Gogocurb is acting as your agent in helping you place an online order from the retailer, and Gogocurb is not the seller of the goods to you. The retailer is responsible for picking and packing of goods purchased by you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store.
You agree that Gogocurb or the applicable retailer will obtain a credit card authorization for your credit card on file with Gogocurb to cover the cost of the goods you have purchased from the retailer and any separate Gogocurb fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Gogocurb, Gogocurb does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. Gogocurb reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same retailer.