- The Service The JoJoTM service allows users to place orders for and purchase coffee, other beverages and food (“Products”) from coffee shops, cafes and other food stores (“Partners”) in select cities as identified on the Website (the “Service”) using pre-loaded funds on their account. By using the Service you can build up additional credits on your Account through the JoJoTM Beans reward program, as described below. You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, JoJoTM does not prepare the Products directly. JoJoTM DOES NOT ACCEPT AND HEREBY DISCLAIMS ALL LIABILITY FOR THE ACTIONS OR OMISSIONS OF ANY PARTNERS THAT PROVIDE SERVICES THROUGH THE SERVICE INCLUDING WITHOUT LIMITATION FOR ANY ISSUES RELATED TO ANY PRODUCTS.
- Registration In order to use the Service you must register an account with us (“Account”). By registering an Account with us you warrant that you are legally capable of entering into binding contracts. JoJoTM Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use JoJoTM Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. In the case of ordering alcohol, you warrant that you are of legal age and are not buying such products for anyone below the legal age. The registration process may require that you provide the following information: username, password, email address (required in order to receive all eligible Rewards), physical address, telephone number, birthday, name, and marketing preferences. When registering your Account, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Account.
- Pre-loading funds You must have pre-loaded funds to your account in order to use the Service. The following terms apply to the pre-loading of funds (“JoJoTM BALANCE”).
Billing Errors, Corrections We will correct the balance of your Account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Account, please contact us at email@example.com. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
Registration, Liability for Unauthorized Transactions You should treat your Account like cash and not disclose your Account information to anyone. If your Account log-in and password is shared, anyone who obtains possession of that information may use your Account. You are responsible for all transactions on your Account, including unauthorized transactions.
Order Process You may place orders for Products from Partners through the Service (each an “Order”) in store and/or on the App.Prices for the Products shall be as indicated on Service (which are exclusive of any tax), plus any applicable taxes and the Transaction Fee. Once you submit an Order, payment for that Order and Transaction Fee will be deducted from the funds on your Account. Once you have submitted your Order you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of Order Details are complete, and accurate. Please note that any Order confirmation page that you may receive each merely indicate that your Order has been received and is being processed, and does not necessarily mean that your Order has been accepted by our Partner. We encourage all our Partners to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Partner rejects your Order. However, Partners have the discretion to reject Orders at any time for any reason. If your Order is not accepted by the Partner then we will refund the amount of that Order and Transaction Fee to your Account.
JoJoTM Beans Rewards JoJoTM operates the JoJoTM Beans rewards program, where the more “Beans” you accumulate the more rewards you get. You will earn Beans based on the value of your purchase at the rate of two (2) Beans for each One Dollar ($1.00) you spend through your Account. Taxes, tips, donations and other fees may be excluded and ineligible for Beans accrual as notified on the Website from time to time. Beans may be earned and awarded in fractional amounts depending on the value of your purchase. Beans for qualifying purchases are automatically added to your account within twenty-four (24) hours. For every 120 Beans that you accumulate, $5.00 will be added to your Account. We reserve the right to change the JoJoTM Beans reward program at any time.
Content All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website or App by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not JoJoTM, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. JoJoTM does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will JoJoTM be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- There is a transaction fee equal to 5% of your Order total that is payable to JoJoTM upon payment for any Product (“Transaction Fee”). The Transaction Fee will be deducted from your JoJoTM Balance at the time of purchase.The Transaction Fee is paid to JoJoTM, not the Partner, for access to and use of the JoJoTM App and Service.
- The dollar value that you load onto your Account is a prepayment for the goods and services of participating Partners.
- Unless otherwise required by law or permitted by this Agreement, the dollar value on your Account is nonrefundable and may not be redeemed for cash. The value on your Account is not insured by any third party, nor does it earn interest.
- You can load value on your Account through either the Website or the App. There may be a delay from the time you pay the amount to be loaded onto your Account and those funds being available for use.
- You may not have more than $250 in value on your Account at any time. The total value you may load onto all of your Account may not exceed $250 on any given day. There is a minimum amount that you may load on your Account at any given time, and that amount is typically $10. We may change any of these amounts at any time without notice to you. All amounts are in Canadian Dollars.
If you use a credit or debit card to purchase or reload your Account, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card-company has on file. Your bank may attempt to contact you for additional information prior to authorizing the Transaction amount. For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, we will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
- Automatic reload is also available on your Account through the App. You simply set the balance at which you want to reload and provide us with payment information. We will send you an email or other notification confirming the automatic reload transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload purchase to let you know your Account has been loaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect. To stop the automatic reload feature, you must log-in to your account at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.
In using the Website, JoJoTM App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or JoJoTM App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the JoJoTM App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
You also agree not to access the Service in a manner that utilizes the resources of the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content . JoJoTM will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License Except for User Content, the JoJoTM App, this Website, and the information and materials that it contains, are the property of JoJoTM and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.Subject to the terms of this Agreement, JoJoTM grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The JoJoTM App is licensed to you and not sold. Nothing in the Terms gives you a right to use the JoJoTM or JoJoTM names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or JoJoTM App shall be subject to the terms of these Terms.
Feedback If You provide JoJoTM with any suggestions, comments or other feedback relating to any aspect of the Website, JoJoTM App and/or Service ("Feedback"), JoJoTM may use such Feedback in the Website or in any other JoJoTM products or services (collectively, "JoJoTM Offerings"). Accordingly, You agree that: (a) JoJoTM is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to JoJoTM, (c) JoJoTM (including all of its successors and assigns and any successors and assigns of any of the JoJoTM Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any JoJoTM Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from JoJoTM or any of the other users of the Website in respect of the Feedback.
Advertising You acknowledge and agree that the Service may contain promotions by our Partners. If You elect to participate in any such Promotion, You acknowledge and agree that such dealings are solely between You and such Partner and You further acknowledge and agree that JoJoTM shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Service and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Links & Third-Party Websites This Website (including User Content) may contain links to other websites that are not owned or controlled by JoJoTM. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by JoJoTM of that third party, third party product or service. JoJoTM is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that JoJoTM endorses or accepts any responsibility for the content or use of such websites, and You hereby release JoJoTM from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS THE WEBSITE, SERVICE, JoJoTM APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." JoJoTM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF ANY PARTNERS, PRODUCTS, THE WEBSITE, SERVICE, JoJoTM APP AND ALL MATERIALS PROVIDED THEREIN, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND ANY CONSUMPTION OF ANY PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL, OR, IN RESPECT OF THEPRODUCTS, IN RESPECT OF PERSONAL INJURY THAT MAY ARISE FROM THEIR CONSUMPTION. JoJoTM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION IN RESEPCT FO THE PRODUCTS OR OTHERWISE BY ANY PARTNER) OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND JoJoTM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. JoJoTM WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL JoJoTM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, JoJoTM APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR CONSUMPTION OR USE OF ANY PRODUCTS OR YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR JoJoTM APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF JoJoTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JoJoTM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID JoJoTM IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Availability & Updates JoJoTM may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or JoJoTM App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. JoJoTM may periodically add or update the information and materials on this Website without notice.
Security Information sent or received over the Internet is generally unsecure and JoJoTM cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. JoJoTM will not be liable for any loss or damage arising from your failure to comply with these requirements.
Last Updated: July 31, 2017