Viafly

Terms of Service

1. Your Use of the Services

Viafly grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.

Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Viafly a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Viafly may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Viafly on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that your are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. Viafly reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant Viafly the right to use such feedback or comments for any purpose without restriction or payment to you.

2. Viafly Communications

By creating an Viafly user account, you agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Viafly, its affiliated companies and/or Shoppers, including but not limited to communications concerning orders placed through your account on the Viafly platform. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account settings. You may also opt-out of receiving text messages from Viafly by replying “Off” from the mobile device receiving the messages.

3. Viafly Express

Viafly Express is an optional grocery delivery membership that offers unlimited 2-hour and scheduled deliveries through the Viafly website and mobile applications for a monthly or yearly fee.

We may change the fee charged for Viafly Express at any time, but any such fee change will not apply to current Viafly Express members until such time as your current membership expires and your membership is renewed for another term.

We may change other terms or conditions applicable to Viafly Express from time to time. Any new or renewed Viafly Express memberships will be subject to the terms and conditions active at that time and displayed when you sign up for Viafly Express. We may also make such changes with respect to current Viafly Express memberships. In that case, we will provide you with notice at checkout of the changes and when those changes will take effect. We will also offer you the ability to cancel your Viafly Express membership and receive a refund of your membership fee on a pro rata basis calculated from the end of the month during which you cancel the membership.

We understand that life is busy. Therefore, BY DEFAULT, YOUR Viafly EXPRESS MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL. If you do not want your membership to automatically renew, you can change this default in Your Account settings.

You can cancel your Viafly Express membership at any time by sending us an email at help@Viafly.com. If you cancel Viafly Express, we will refund you the Viafly Express fee on a pro rata basis calculated from the end of the month during which you cancel the membership.

From time to time, we offer some customers trial or other promotional memberships to Viafly Express. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer. Only one trial or promotional membership is available per household. We will bill you the applicable fee after your free trial period has expired. If you cancel Viafly Express before the trial period has expired, we will not charge you.

Your Viafly Express membership cannot be transferred or assigned. Viafly reserves the right to accept, refuse, or cancel your Viafly Express membership at any time in its sole discretion. If Viafly cancels your Viafly Express membership, you will receive a refund of your membership fee on a pro rata basis calculated from the end of the month during which your membership was cancelled.

4. Viafly Coupons

Viafly Coupons are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions. Coupons are subject to change, cancellation or expiration at any time. If you do not purchase the qualifying items added to your cart while the Coupon is still in effect, the discount will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Viafly is not a retailer or seller. Coupons are issued and paid by the manufacturer of the advertised product. The user is required to pay any applicable sales tax related to use of the Coupon. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product. Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value. Coupons good while supplies last. Void where restricted or prohibited by law.

5. Transactions involving Alcohol

You may have the option to order delivery of alcohol products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause Viafly, your Personal Shopper, or any retailer to contravene any applicable laws. If you receive your delivery in the United States, you agree that you are 21 year of age or older if you order alcohol products. If you receive your delivery in another country, you agree that you are of legal age to purchase alcohol products in the relevant jurisdiction. If you order alcohol products, you understand and acknowledge that neither Viafly nor Personal Shopper can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Personal Shopper delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Viafly reserves the right to cancel the alcohol-related portion of your order.

6. Third-party Products and Content

You agree that Viafly does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Viafly will have no liability based on such purchase, use or access.