FetchaTerms of Service
Last updated September 10, 2024
AGREEMENT TO OUR LEGAL TERMS
We are FETCHA GLOBAL LLC, doing business as Fetcha ("Company," "we," "us," "our"), a company registered in Delaware, United States at 651 N Broad St, Suite 201, Middletown, DE 19709.
We operate the website www.fetcha.io (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
We provide an all-in-one platform for managing device returns for remote employees. You tell us where we need to fetch a device from and where it needs to go. And we then send a specially designed and padded empty shipping box with a return label to that location with easy instructions on how to pack up the device and ship it off. Our service allows for easy tracking of all device returns and we include optional email and/or sms notifications to the recipient and the Fetcha user.
You can contact us by email at legal@fetcha.io or by mail to 344 Grove St, Suite 1294, Jersey City, NJ 07302, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and FETCHA GLOBAL LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world, and are provided "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests should be addressed to legal@fetcha.io.
Your submissions. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, for our unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation to you. You are solely responsible for your Submissions and agree to reimburse us for any losses we suffer arising from your breach of this section, a third party’s intellectual property rights, or applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- ACH
5. PURCHASES AND PAYMENT (CONT.)
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update that information so we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse or limit any order in our sole discretion, including orders that in our judgment appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order. The length of your billing cycle is monthly.
Cancellation. You can cancel your subscription at any time by contacting us using the information provided in this document. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at legal@fetcha.io.
Fee Changes. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person, or make improper use of our support services.
- Use the Services in a manner inconsistent with any applicable laws or regulations, or engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Services.
- Engage in any automated use of the system, such as scripts, bots, or data mining tools, except standard search engine or browser usage.
- Delete the copyright or other proprietary rights notice from any Content, or attempt to impersonate another user or person.
- Attempt to bypass any measures of the Services designed to prevent or restrict access, or decipher, decompile, disassemble, or reverse engineer any part of the Services.
- Use a buying or purchasing agent to make purchases on the Services, or use the Services as part of any effort to compete with us.
- Sell or otherwise transfer your profile, or use the Services to advertise or offer to sell goods and services.
8. USER GENERATED CONTRIBUTIONS
The Services do not offer users the ability to submit or post content. We may from time to time provide the opportunity to create, submit, post, or transmit content and materials to us or on the Services ("Contributions"). When you make available any Contributions, you represent and warrant that they do not infringe third-party rights, that you own or have the necessary rights and licenses to submit them, and that your Contributions are not false, misleading, obscene, harassing, or otherwise objectionable or unlawful.
9. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions; you retain full ownership and are solely responsible for them.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them. If you access Third-Party Websites or Content, you do so at your own risk, and these Legal Terms no longer govern. You should review the applicable terms and privacy policies of any third-party site you visit.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action against violators, refuse or restrict access to any Contributions, remove content that is excessive in size or burdensome to our systems, and otherwise manage the Services to protect our rights and property and facilitate their proper functioning.
12. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from outside the US, through your continued use you are transferring your data to the United States and expressly consent to that transfer and processing.
13. TERM AND TERMINATION
These Legal Terms remain in full force while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including breach of these Legal Terms, and to terminate your account or delete your content at any time. If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake name, or a third party’s name.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and have no obligation to update information on our Services. We cannot guarantee the Services will be available at all times and will not be liable for any loss, damage, or inconvenience caused by your inability to access the Services during any downtime.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations. To expedite resolution and control the cost of any dispute related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration. If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), except where otherwise required, taking place in Williamson, Texas. The parties may litigate in court only to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitration award.
Restrictions. Any arbitration shall be limited to the dispute between the parties individually; no arbitration shall be joined with any other proceeding, and there is no right to arbitrate any dispute on a class-action or representative basis.
Exceptions. Disputes seeking to enforce or protect intellectual property rights, disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are not subject to the above informal negotiation and arbitration provisions.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND WILL ASSUME NO LIABILITY FOR ANY ERRORS OR INACCURACIES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, UNAUTHORIZED ACCESS TO OUR SERVERS, INTERRUPTION OF TRANSMISSION, BUGS OR VIRUSES, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, breach of your representations and warranties, violation of the rights of a third party, or any harmful act toward another user.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform regular backups, you are solely responsible for all data you transmit, and you agree we have no liability to you for any loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records.
23. SMS TEXT MESSAGING
Message Frequency. When opted into SMS notifications on a sufficient subscription plan, we will send order/shipping update SMS notifications to the phone number provided when an order is created.
Opting Out. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
Message and Data Rates. Message and data rates may apply to any SMS messages sent or received, as determined by your carrier and mobile plan.
Support. If you have any questions regarding our SMS communications, please email us at legal@fetcha.io.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. We may assign any or all of our rights and obligations to others at any time. We are not responsible for any loss or damage caused by any event beyond our reasonable control. If any provision is determined unlawful or unenforceable, that provision is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms.
26. REFUND & RETURN POLICY
Our refund policy is available on our Refunds page.
27. INSURANCE AND ASSUMPTION OF RISK
We offer an insurance option through a third party, EasyPost, which you can select when placing an order on the Fetcha platform. By purchasing this insurance, you expressly agree to the EasyPost Shipping Insurance Conditions, and you understand that claims covered under your policy with EasyPost will be filed directly with EasyPost following their guidelines. Fetcha only facilitates the purchase of this insurance on your behalf and is not involved in providing coverage or handling claims. Our involvement, if you choose to file a claim, is limited to providing instructions and supplying supporting documentation you cannot reasonably obtain without our assistance. Signature confirmation upon delivery is required for all insured device return packages, and for damage claims EasyPost requires photos of the insured items immediately before shipping; we provide a link to the recipient to upload these photos and remind them multiple times, but if they fail to do so, you are responsible for obtaining and providing these photos to EasyPost. We are not responsible for handling insurance claims or EasyPost’s decision on whether to pay any particular claim.
28. DELIVERY VERIFICATION AND DEVICE PHOTOS
Signature confirmation upon delivery is required for all insured device return packages; for all orders with selected insurance, we automatically require signature on the return label. For damage claims, EasyPost requires photos of the insured packaged items immediately before shipping. We will email the recipient of the empty box multiple times with a link to upload photos of their device for this order. You are responsible for making sure the recipient provides these photos to Fetcha and/or EasyPost if you choose to file a claim. We are not responsible for handling insurance claims or EasyPost’s decision on whether to pay any particular claim.
29. INSURANCE INDEMNITY
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Fetcha harmless, including our officers, directors, agents, partners, members, employees, independent contractors, service providers, and consultants, from any claims, damages, costs, liabilities, and expenses arising out of or related to your purchase of insurance coverage in connection with our Services, and any result from or related to the filing of an insurance claim with EasyPost.
30. TRACKING INSURANCE COVERAGE
In the Fetcha platform, you can view on a per-order basis whether you have purchased insurance and the amount of coverage purchased. The order confirmation email/receipt will also show the insurance coverage purchased, if any.
31. ASSUMPTION OF RISK
You agree that Fetcha is not liable for what happens to a device return box once we have shipped the empty box to the designated recipient. This includes, but is not limited to, delays, damage, or loss by the shipping carrier of the empty box on its way to your designated employee, or of the device return box on its way back from the employee to your designated return address. We disclaim all responsibility and liability for acts or omissions of your employee, including failure to return the device return box or its contents, and any damage or loss due to improper packing by your employee or any other reason. YOU AGREE TO ASSUME THE ENTIRE RISK OF LOSS OF THE ITEMS CONTAINED IN THE DEVICE RETURN BOX, AND WE WILL NOT PROVIDE ANY REFUNDS DUE TO DAMAGE TO YOUR PROPERTY, UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES THAT WE ACTED GROSSLY NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT IN CONNECTION WITH OUR PERFORMANCE OF THE SERVICES.