JoyRun is an online marketplace program on the JoyRun Sites which enables third-party restaurants, other food vendors and retailers ("Merchants") to sell their food items and/or sell or resell general merchandise goods ("Products") to you for pickup at the Merchant's location or, if applicable, delivery to you. JoyRun does not itself prepare or manufacture the Products. JoyRun makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of the Product listings, descriptions, or images (including any features, ingredients, and prices contained on the JoyRun Sites). Such information and the availability of any Product are subject to change at any time without notice. As such, you acknowledge and agree that JoyRun has no responsibility or liability for the acts or omissions of any Merchant, including but not limited to, the images or descriptions of the Products.
The Merchant is the retailer of record and is responsible and liable for complying with all Applicable Laws and regulations including adhering to food safety laws and regulations governing their business and operations. "Applicable Laws" means all applicable federal, state, local laws and regulations, including but not limited to, marketing, consumer and product safety, health (including Proposition 65 in California), food packaging and accessory items (including but not limited to foodware, plasticware, and other disposable restaurant supplies), and food safety and sanitation, product testing, labeling, pricing, privacy, data security laws, regulations, and guidelines.
JoyRun is not responsible for, and cannot guarantee the quality, taste or other experience of the Products. Always read labels, warnings, ingredients, directions, and other information provided with the Product before consuming the Product. For additional information about a Product, please contact the Merchant. If you find a Product is not as described, your sole remedy is to return it to the Merchant. You agree that you will contact the Merchant in regards to any complaints or comments about the Products
You certify that the Content you provide on or through the JoyRun Sites is accurate and that the information you provide on or through the JoyRun Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. JoyRun is not responsible for any losses arising out of the unauthorized use of your account. You agree that JoyRun does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the JoyRun Sites. You agree that JoyRun is not a party to any such agreement, nor is JoyRun responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the JoyRun Sites or any portion of the JoyRun Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the JoyRun Sites or any portion of the JoyRun Sites.
You grant to JoyRun a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that JoyRun is free to use any Ideas for any purpose. JoyRun may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. JoyRun is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to JoyRun the right to use any name associated with any Content or Idea that you make available to JoyRun, although JoyRun has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
You agree that you will not make available Content in connection with the JoyRun Sites that:
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all delivery and service charges and applicable taxes and tips. JoyRun reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.
JoyRun cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the JoyRun Sites. JoyRun reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation from JoyRun. JoyRun may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the JoyRun Sites or from prices available at Merchant locations.
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
No license, right, title, or interest in the JoyRun Sites or any Materials is transferred to you as a result of your use of the JoyRun Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the JoyRun Sites. The JoyRun Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the JoyRun Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the JoyRun Sites and Materials is the exclusive property of JoyRun and is also protected by U.S. and international copyright laws.
The JoyRun name and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the JoyRun Sites are trademarks or trade dress of JoyRun in the U.S. and other countries. All other marks are the property of their respective companies.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the JoyRun Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at https://walmart.com/help/article/Claims-of-Intellectual-Property-Infringement/9b5c2e81943544c5aad0d446b2456fe1) for instructions on how to contact us to report possible copyright infringement.
You may sign up to receive certain JoyRun notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. See Section 20 below for additional terms and conditions related to text messaging.
JoyRun uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
JoyRun may make available software, the JoyRun App, to access the JoyRun Service via a mobile device. To use the JoyRun App you must have a mobile device that is compatible with the JoyRun App. JoyRun does not warrant that the JoyRun App will be compatible with your mobile device. You may use mobile data in connection with the JoyRun App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. JoyRun hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the JoyRun App for one JoyRun account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the JoyRun App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the JoyRun App to any third party or use the JoyRun App to provide time sharing or similar services for any third party; (iii) make any copies of the JoyRun App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the JoyRun App, features that prevent or restrict use or copying of any content accessible through the JoyRun App, or features that enforce limitations on use of the JoyRun App; or (v) delete the copyright and other proprietary rights notices on the JoyRun App. You acknowledge that JoyRun may from time to time issue upgraded versions of the JoyRun App, and may automatically electronically upgrade the version of the JoyRun App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the JoyRun App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the JoyRun App or any copy thereof, and JoyRun or its third-party partners or suppliers retain all right, title, and interest in the JoyRun App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. JoyRun reserves all rights not expressly granted under this Agreement. If the JoyRun App is being acquired on behalf of the United States Government, then the following provision applies. The JoyRun App will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The JoyRun App originates in the United States, and is subject to United States export laws and regulations. The JoyRun App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the JoyRun App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the JoyRun App and the JoyRun Service.
The following applies to any JoyRun App you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and JoyRun, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to JoyRun as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to JoyRun as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, JoyRun, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and JoyRun acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, JOYRUN ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A JOYRUN ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO JOYRUN ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE JOYRUN SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO JOYRUN ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT, OR OTHER USER OF THE JOYRUN SITES.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the JoyRun Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and JoyRun will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
If you have any questions or comments, please contact us at https://walmart.com/help, or by mail at the following address: Walmart.com USA, LLC d/b/a JoyRun; 850 Cherry Ave., San Bruno, CA 94066. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
All individuals who use JoyRun are automatically able to participate in our Rewards Program (the "Program"). Businesses or other groups of individuals are not eligible to participate in the Program. We reserve the right to request proof of eligibility at any time.
You can earn Points in the Program by placing orders on JoyRun and performing other activities that we may designate from time-to-time. Review the 'Earn Rewards' page in the app for a list of activities through which you can currently earn Points and the corresponding Point value for each activity. We reserve the right to change the list of activities and corresponding Point values at any time, as well as to limit the number of Points you can earn through each activity.
You may not attempt to earn Points in a manner that is not expressly permitted in these Terms, such as through the use of a script, bot, or other automated means.
Points will normally be added to your Account within one (1) business day of the day you earned them. You can log in to your Account at any time to see how many Points you have. You are responsible for ensuring that the Point balance in your Account is correct. If you believe that you did not receive Points or that there is some other error in your Account, you must contact us at email@example.com within 30 days of the date you expected to earn the Points. We will investigate any issues, but JoyRun’s good faith determination of the amount of Points earned by any member shall be final and binding. Note that if you attempted to earn Points by placing an order and that order was subsequently cancelled or otherwise not completed, you will not receive the corresponding Points.
You can redeem Points in the Program for credit on future JoyRun orders, discounts off future orders, or other benefits that we may designate from time-to-time. Review the 'Redeem Rewards' page in the app for a list of benefits for which you can redeem Points and the corresponding Point value for each benefit. We reserve the right to change the list of benefits and corresponding Point values at any time, as well as to change the expiration policies on Points.
Points expire within two (2) years of the date they are awarded. Points are promotional, have no cash value, and do not constitute your property of any kind. You cannot redeem them for cash. Furthermore, you cannot sell, barter, or transfer your Points or combine them with another member’s Points. Once you redeem Points for a benefit, the redemption cannot be reversed and is final.
We reserve the right to modify any of the terms and conditions governing the Program at any time, with or without notice, even though these changes may affect your ability to earn or redeem Points. Unless we tell you otherwise, modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. If we do terminate the Program, we will notify you by e-mail.
Your continued participation in the Program constitutes your acceptance of any changes we make to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Terms. The most current version of the Terms will be available on https://joyrun.com/terms and will supersede all previous versions of the Terms.
If we suspect that you have failed to comply with these Terms, engaged in fraudulent or inappropriate activity, or otherwise attempted to manipulate or unfairly benefit from the Program, as we determine, in our sole discretion, we reserve the right to terminate your Program membership, prohibit you from participating in the Program, and take appropriate legal action. If we terminate your Program membership, you will not be able to use any of the Points or benefits you have accumulated.