The use of the Site and consumption and/or production and sale of any food/other goods item is at the user’s risk and responsibility. It is the decision of each user as to whether or not to purchase food/other goods offered by a merchant member using the Site, and it is up to the merchant members to decide whether or not to accept an order from any user through the Site.
Unless expressly stated otherwise on the Site, the goods/food and services featured on the Site are offered, provided, sold and delivered by the merchant members (that is a transaction between a merchant member and user), not Wummly. We are in no way responsible for the quality of goods/food or services offered by the merchant members. All questions regarding merchant members' products/goods and/or services featured on the Site should be directed to the appropriate merchant members.
Like with any powerful tool, you should recognize that you use the Site at your own risk and that you should do so with care.
The information contained on the Site regarding prices, specifications and availability of the products and/or services listed on the Site has been provided by merchant members. Merchant members advised us that the prices charged by merchant members on the Site are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or at the time an order for services is fulfilled, as applicable. Although Wummly attempts to make certain that the prices, specifications and availability listed on the Site and those posted in the stores on the date they are viewed on the Site are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on the Site. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchant members that use third party delivery services may sometimes be different than those charged in their physical stores.
You agree to pay all prices, fees, taxes incurred by using Wummly. We do not assume any liability for the actions or products of any third party taking part in the production or delivery of your order. The charges listed on the Site may be different than the final purchase charges.
Payment of your order must be made only by the credit card, and you are agreeing that you are authorized to use the credit card being used in the purchase. No food stamps, checks or other payment methods are accepted. You must include all information we request, and it must be valid and must enable us to obtain payment from you (e.g. valid credit card information). If payment is rejected, or a payment method becomes unusable, you must immediately provide Wummly with an alternative source of payment. All users are liable and fully responsible for the purchases and other activity made by their Wummly account, and agrees to remain responsible for any charges incurred even if their account is terminated.
To calculate the total price of an order you placed on the Site, merchant members use the information you entered at the time you placed such order on the Site, as applicable. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. Further, certain products and/or services may no longer be available after merchant members review and/or update your order.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While Wummly has undertaken to confirm the accuracy of the information contained on the Site, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that the Site contains inaccurate information, please let us know by contacting us.
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site by anyone other than authorized Wummly employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Site.
By submitting any information or content to or by otherwise accessing and/or using the Site, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content. Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, whether provided by Wummly, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, including their quality.
Wummly not under any obligation to update the content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any content including taking into account material changes or new information.
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site, Wummly from time to time may provide you with user names, passwords and/or other unique identifiers (also referred to as "User Codes"). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site, on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.
You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. Wummly expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site.
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, a proprietary network, a computer, a pager or other wireless device or otherwise (also referred to as "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
The Site, and the content submitted by Wummly are provided to you on an "as is," "as available" basis. To the maximum extent permitted by law, Wummly parties hereby disclaim any and all warranties, guaranties, conditions, covenants and representations of any kind, either express or implied, including any related to merchantability, quality, accuracy, completeness, fitness for a particular purpose, non-infringement, timeliness and error-free uninterrupted services as to the operation of the Site make no warranty that (i) the operation of the Site will meet your requirements, (ii) access to the Site will be uninterrupted or error-free, or (iii) defects, if any, will be correctable or corrected, or other attributes, whether express or implied (in law or in fact), oral or written, or from a course of dealing or usage of Site parties have no responsibility to inform you of any difficulties we or other third parties experience concerning use of the Site, or to take any action in connection with those difficulties.
You (not Wummly) assume the entire cost of all servicing, repair or correction that may be necessary for your computer, mobile phone, tablet and/or other equipment and software as a result of any viruses, errors or other problems you may have as a result of visiting or using the Site. To the extent that the law does not permit the disclaimer of warranties, all content accessible on the Site, or any other site, location or source to which we link, and all operations on the Site, are warranted only to the minimum amount legally required.
By using the Site, you specifically agree that you will not hold Wummly parties liable to you or any party for any damages or injury or loss, including any and all direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, including the ones that may result from the use of, or the inability to use, the Site or the content (or any other linked Site, location or source), whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of content available on the Site (or any other linked Site, location or source). None of the Wummly parties will be liable for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, even if advised of the possibility of such damages. Such damages include damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure, computer virus or other harmful component.