Terms of Service

Last modified May 16th, 2017

 

You are now reading the terms of service for the use of http://www.want.af (“Site”), the Want mobile application for product discovery (App”), and all domains and content provided by Want (collectively with Site and App, the Services”). The entity you are contracting with is BetaLabs Inc. a Delaware corporation, doing business as “Want”.

 

YOU SHOULD READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY  (COLLECTIVELY “THE AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY WANT. If you have any questions, please email us at hi@want.af.

 

By using the Services, including but not limited to visiting or browsing the Site or displaying or selling products on Want, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services.

 

Want reserves the right to change any of the terms and conditions contained in this or any policies governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for at least thirty (30) days. You are responsible for reviewing the Site frequently and reviewing the notice and any applicable changes. Changes to referenced policies may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING WANT'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

1. About Want

Want is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. Want facilitates transactions between buyers and merchants. The actual contract for sale is directly between the merchant and buyer. As a result, Want does not necessarily have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of merchants to sell items or the ability of buyers to pay for items. Want cannot ensure that a buyer or merchant will actually complete a transaction.

 

As a result, Want does not transfer legal ownership of items from the merchant to the buyer. Want cannot guarantee the true identity, age, and nationality of a merchant or buyer. Want encourages you to communicate directly with potential transaction partners through the tools available on the Site or App.

You agree that Want is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or third parties. You use the Service at your own risk.

 

2. Membership Eligibility

Age: The Services are available only to, and may only be used by, individuals who are of the age of majority in their applicable state (either 18 or 21 years and older) or business entities who can form legally binding contracts under applicable law. You represent and warrant that, if applicable, you are of the appropriate age and that all registration information you submit is accurate and truthful. Want may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of majority must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 21 years of age. In all cases, the parent or legal guardian is the merchant and is responsible for any and all activities and is the responsible party bound by the terms of this Agreement.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Want's policies as stated in the Agreement and the published Want website policies, as well as all other operating rules, policies and procedures that may be published from time to time on the Site or the App by Want, each of which is incorporated herein by reference and each of which may be updated by Want from time to time.

In addition, some Services offered through the Site or App may be subject to additional terms and conditions promulgated by Want from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Want of any unauthorized use of your password or any breach of security. You also agree that Want cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Want without Want's express written permission.

Account Transfer: You may not transfer or sell your Want merchant account and username to another party.

Right to Refuse Service: Want reserves the right, at Want's sole discretion, to cancel unconfirmed or inactive accounts. Want reserves the right to refuse service to anyone, for any reason, at any time.


 

3. Buying on Want

 

Ordering: Any purchase made through Want's checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase from. Want will notify you when you place an order with a third-party brand. However, each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.

 

Cancellations: Whether you can cancel an order once payment is made shall be governed by the terms and conditions of each third-party brand.

 

Shipping and Delivery: Once your order has been processed with the third-party brand, Want will provide you a confirmation email that your order has been processed and accepted by the third-party brand. Want may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each of the third-party brands.

 

Returns: Each third-party brand has its own return policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns.You acknowledge and accept that Want has absolutely no involvement, and/or control over, whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.

 

Refunds: Much like Returns” discussed above, each third-party brand has its own refund policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that Want has absolutely no involvement, and/or control over, whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding refunds.

 

Information Want Collects Regarding Purchases: When you place an order, Want will collect and store your shipping address and billing address. Your payment information, such as credit card information, will be maintained by a third-party payment processor. In order to facilitate your order, we share your order information with each third-party brand you order from using the Services. In some instances a third-party brand may email you to help facilitate your purchase. We encourage you to review each third-party brand’s terms and conditions and privacy policy to understand what each third-party brand does with this information.

 

 

 

 

 

 

9. Want's Intellectual Property

Want, and all other Want graphics, logos, designs, page headers, button icons, scripts, web pages, and service names are registered trademarks, trade dress or copyright of BetaLabs, Inc., in the U.S. and/or other countries. Want's copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service without Want’s prior written approval.

10. Access and Interference

Much of the information on Want is updated on a real-time basis and is proprietary or is licensed to Want by Want's merchants or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Want for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Want's API Terms of Use or otherwise without Want's prior express written permission. Additionally, you agree that you will not:

            1.         Take any action that imposes, or may impose, in Want's sole discretion, an unreasonable or disproportionately large load on Want's infrastructure

            2.         Copy, reproduce, modify, create derivative works from, distribute or publicly display any other merchant Content (except for your Content) from the Site or App without the prior express written permission of Want and the appropriate third party, as applicable

            3.         Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or App

11. Breach

Without limiting any other remedies, Want may, without notice, and without refunding any fees, delay or immediately remove Content, warn Want's community of a merchant's actions, issue a warning to a merchant, temporarily suspend a merchant, temporarily or indefinitely suspend a merchant's account privileges, terminate a merchant's account, prohibit access to the Services, and take technical and legal steps to keep a merchant off the Services and refuse to provide services to a merchant if Want, in its sole discretion, has reason to believe that any of the following apply:

A merchant has breached the Merchant’s Agreement, the Privacy Policy, the Merchant Policy, or other policy documents and community guidelines incorporated herein; Want is unable to verify or authenticate any of your personal information or Content; or Want believes that a merchant is acting inconsistently with the letter or spirit of Want's policies, has engaged in improper or fraudulent activity in connection with Want or the actions may cause legal liability or financial loss to Want's merchants or to Want.

12. Privacy

Except as provided in Want's Privacy Policy, Want will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Want stores and processes Content on computers located in the United States that are protected by physical as well as technological security. You can find the Privacy Policy here: https://want.af/privacy.html.

 

13. No Warranty

Want, Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Want'S SUPPLIERS PROVIDE Want'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Want, Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Want'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Want SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Limitation of Liability

IN NO EVENT SHALL Want, AND (AS APPLICABLE) Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Want'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE APP, Want'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Want'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Want IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Want AND (AS APPLICABLE) Want'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY INFRINGEMENT.

16. No Guarantee

Want does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Want's control. Exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

17. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and the United States of America.

18. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Want at 934 Howard street, San Francisco, California 94103 (in the case of Want) or, in your case, to the email address you provide to Want (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

19. Disclosures

The Services hereunder are offered by BetaLabs, Inc., located at 934 Howard Street, San Francisco, California, 94103.

20. Contact

In case you have any questions, concerns, complaints or any other claim with respect to the Services, you may contact us at hi@want.af