PROMOTIONS; DISCOUNTS; SWEEPSTAKES

Promotions and discounts that may be made available from time to time on the Site, the Werdelivery.com Apps are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, Werdelivery.com reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any promotions and/or discounts, in each case, in whole or in part, at any time without notice and for any or no reason.

A promotion or discount is limited to one (1) per User ID and cannot be used for multiple, non-qualifying or past orders. Non-qualifying orders include, without limitation any orders paid for with cash. A promotion or discount may be limited to specific qualifying items, as may be further described in the additional terms and conditions applicable to any promotion or discount or as may be designated by Werdelivery.com from time to time. A promotion or discount is not transferable, may not be resold and may not be combined with any other promotions or discounts. Unless otherwise indicated in the additional terms and conditions applicable to any promotion or discount or designated by Werdelivery.com from time to time, if there is a minimum purchase requirement, tax, tip, Werdelivery fee and other charges are excluded from the calculation of such minimum purchase requirement. If a promotion or discount is in the form of a promo code, such code must be entered in the promo code section at checkout to be redeemed. Without limiting anything set forth in these Terms of Use and in addition thereto, by redeeming a promotion or discount, you express your understanding of and agreement to these Terms of Use and any additional terms and conditions applicable to any promotion or discount.

PRICES; AVAILABILITIES; TAXES

The information contained on the Site and the Werdelivery.com Apps regarding prices, specifications and availability of the products and/or services listed on the Site and the Werdelivery.com Apps has been provided by merchant members. Merchant members advised us that the prices charged by merchant members on the Site and the Werdelivery.com Apps 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 Werdelivery.com attempts to make certain that the prices, specifications and availability listed on the Site and the Werdelivery.com Apps and those posted in the stores on the date they are viewed on the Site and the Werdelivery.com Apps 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 and the Werdelivery.com Apps. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a Werdelivery 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 Werdelivery services may sometimes be different than those charged in their physical stores.

Past orders that were paid for with discounts or promotions will not be eligible for reordering using Werdelivery.com To calculate the total price of an order you placed on the Site or the Werdelivery.com Apps, merchant members use the information collected at the time you placed such order on the Site and/or the Werdelivery.com Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly

Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While Werdelivery.com 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 or any of the Werdelivery.com Apps contains inaccurate information, please let us know by contacting us.

Any and all sales, use and other taxes which may be levied as a result of your access to and/or use of the Site and/or the Werdelivery.com Apps are and shall remain your sole responsibility, excluding only taxes based on our net income.

All or a portion of your order amount, including Fees and Charges (as defined in the "Fees; Gratuities" section), may not be refundable depending on when your order is cancelled. If you need to cancel your order, please contact support by phone at XXXXX or email at [email protected].

OFFICE ACCOUNT; TAX EXEMPT PURCHASES

Companies or organizations may be eligible to open a Werdelivery.com office account pursuant to a separate agreement with us ("Office Account"). Any such company or organization may elect to pay for certain orders placed using User Codes recognized by our systems as being associated with the applicable Office Account. Such company or association may be able from time to time to set certain settings for the orders it will pay for (e.g., lunch hours, Werdelivery at the office address, order amount covered, etc.) Details of any and all such orders may be shared with and/or made available to such company or organization, including for record keeping and/or billing purposes. You hereby acknowledge and agree to such sharing and/or making available.

In the event that you provided us with a tax exemption certificate and/or other equivalent tax exemption documentation or information acceptable to the relevant tax authority for the Office Account, certain orders placed using the User Codes recognized by our systems as being associated with such Office Account may be eligible for tax exemption. In such case, a tax exemption may be applied at checkout by following instructions on the checkout page of the Site. You further agree that, if you do not use the products and/or services purchased using the User Codes recognized by our systems as being associated with such Office Account for the purpose for which the tax exemption applies, you will report and pay all applicable taxes and indemnify us against any liability, including interest and penalties, arising in respect of any applicable taxes. To qualify for tax exemption, you may be required by law, among other things, to pay using solely the payment method recognized by our systems as being associated with the applicable Office Account (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). You further represent and warrant that any and all purchases made using the User Codes are made with the tax-exempt organization?s funds. You are solely responsible for determining that any purchase made using any User Code recognized by our systems as being associated with the Office Account is eligible for exemption from applicable taxes and you agree that you will comply with any and all requirements existing from time to time for the obtaining and maintenance of tax exempt treatment for any purchases, including pursuant to applicable laws, rules or regulations, as well as with Werdelivery.com's instructions from time to time.

FEES; GRATUITIES

Certain orders may be subject to a Werdelivery fee, service charge and/or required tip, each as further described below (collectively, the "Fees and Charges") charged and retained by us, or the applicable third party merchant(s) and/or third party services provider(s) (which may include independently owned and operated Werdelivery.com franchised businesses, collectively, the "Third Party Providers") and passed through to you. The "Werdelivery Fee" is a percentage or fixed fee that goes towards the Werdelivery of your order. The "Service Charge" is a percentage fee or fixed fee that may include one or more of the following charges: a service fee, a convenience fee, packaging fee, processing fee, and/or jurisdiction-specific fees (e.g., bag or healthcare fees). A small number of Third Party Providers also mandate we include a "Required Tip" with your order, which, where applicable, will be identified at checkout.

Fees and Charges are displayed prior to checkout and will be added to the total amount due at checkout for the applicable order for which you are responsible to pay. Please note that the Fees and Charges may change after checkout if your order amount changes (e.g., as a result of your special instructions or inaccurate information given when placing your order).

In addition, as a courtesy, there is an option to add a tip to the sub-total of an eligible order at checkout. You can always give Werdelivery personnel a cash tip at the time your order is delivered.

PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE OR THE WERDELIVERY.COM APPS

By using the Site or any of the Werdelivery.com Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:

(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated;

(B) that you are at least twenty one (21) years of age or older;

(C) to provide valid photo identification at the time of accepting Werdelivery of any alcoholic beverages and/or tobacco products;

(Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b));

(D) that sale and Werdelivery of alcohol beverages and/or tobacco products to you is made by the participating merchant members and NOT Werdelivery.com;

(E) that Werdelivery.com is a separate business and is not affiliated with any of the merchant members selling alcoholic beverages or tobacco;

(F) that neither Werdelivery.com nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "Werdelivery.com Parties") shall have any liability to you or any third party in connection with purchase, sale, Werdelivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof;

and

(G) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless Werdelivery.com Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) Werdelivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.