English
Last Updated: November 19, 2019
Thank you for using Instatool! These Terms and Conditions (“Terms”) describe how Instatool LLC in Texas (“Company,” “we,” and “our”) regulates your use of the Instatool services, including Instatool’s mobile applications (“App”), Instatool’s website, and any websites (or portions thereof) or mobile applications that are operated by Instatool (collectively, the “Services”). Please read the following information carefully to understand our practices regarding your use of the Services. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the App or website frequently to see the actual version of the Terms and their previous versions.
By using the Services, you agree to be bound by these Terms of Service, Terms of Use and End User License, and agree to the collection, use and disclosure of your personal information in accordance with Instatool’s Privacy Policy. If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Services, you acknowledge the processing of this information shall be undertaken in accordance with Instatool’s Privacy Policy.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Operators, Instatool’s Sales team and individuals who support Instatool’s Customer Service. Instatool reserves the rights to decline orders, refuse partial or full delivery, terminate accounts, remove or edit submitted content, and/or cancel orders at any time in its sole discretion.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the App and may not enter into the Terms under any circumstances.
The App allows you to use Services available on the App. You shall not use the services for the illegal aims.
The Services comprise a platform that presents you with a virtual storefront from which you can select goods for same day delivery by an Operator to your location or, if the Service is not available in your area, for delivery through Parcel Services. Delivery services may be performed by third party logistics providers (Collectively, “Third Party Providers”). Delivery may be conducted by each individual Operator’s select method of transportation. You acknowledge that transportation or logistics services are provided by third party contractors who are not employed by Instatool.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from Instatool. You agree that Instatool will charge your card for the goods purchased by you, any applicable fees and taxes. In case of a delivery cancelation or a “No-Show” (no one is there to receive the items, or the maximum wait time at the delivery location has elapsed), we may charge a delivery penalty towards your preferred payment method and cancel your current order. We may use Certified Payment Systems or Payment Processing Services, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their respective Websites. Instatool does not collect or store payment information such as usernames, credit cards or similar. Payment information is secured and stored within the Payment Processing Services servers. For more information please refer to your selected payment method’s terms of use.
The prices displayed on the Services are quoted in U.S. dollars and are valid and effective only within the continental United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
We’re constantly modifying and improving the Services. Instatool may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Instatool with any feedback on or comments regarding the Services, you grant Instatool the right to use such feedback or comments for any purpose without restriction or payment to you.
We may, at our sole discretion, set fees for using the Services for you. All prices are published separately on relevant pages on the App. We may, at our sole discretion, at any time change any fees.
The Services may include links to other Apps, applications, and platforms (hereinafter the "Linked Sites"). The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the App.
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Services from one device in accordance with the Terms. You shall not use the Services for unlawful or prohibited purpose. You may not use the Services in a way that may disable, damage, or interfere in the Services.
All content present on the Services includes text, code, graphics, logos, images, compilation, software used on the Services (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Services shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use.
The Company does not grant you any licenses to the intellectual property of the Company.
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
The information available via the Services may include typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions, offers and availability. Instatool reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after an order confirmation and/or payment processing).
The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the App. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "AS IS" and “AS AVAILABLE” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, quality, fitness for a certain purpose, durability.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Services in the context of the inability or delay to enjoy the Services, or for any Content of the Services, or otherwise arising out of the enjoyment of the Services, based on contract and non-contract liability or other reason.
To the maximum extent permitted by the applicable law, you agree that neither Instatool nor its affiliates, suppliers, vendors or partners is responsible for the fitness or conduct of any Operator or Third Party Provider or for any services provided by any Operator or Third Party Provider. Neither Instatool nor its affiliates, suppliers, vendors or partners will be liable for any claim, injury or damage arising in connection with the acts or omission of any Operator or Third Party Provider.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, suppliers, affiliates, vendors or partners, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
You can stop using the Services at any time and without notice. Similarly, Instatool may terminate your access and account to the Services or any part at any time, without notice, in case of your violation of the Terms.
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Texas. In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Services or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through binding arbitration or small claims court in Harris county, Houston, Texas.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Services.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Services.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Services and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.
We welcome your comments or questions about our Terms and Privacy Policy. If you have any questions or would like to submit a claim, please contact us at:
Instatool
1517 Moritz Dr,
Houston, Texas, 77055
832-382-5355
For customer service questions, please review our Help or Contact Us section in our Services.
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