Terms & Conditions
Last Updated: March 19, 2018
Thank you for using Toothpick! These Terms of Service (“Terms”) govern your use of the Toothpick services,
including Toothpick’s website, Toothpick’s mobile applications, and any websites (or portions thereof) or
mobile applications that are operated by Toothpick (collectively, the “Services”), and are entered into by
you and Toothpick LLC.
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection,
The Services comprise a platform that presents you with a set of one or more retailer virtual
storefronts from which you can select goods for picking, packing, and delivery by individual
(“Pickers”) and (“Drivers”) to your location. In some cases, picking, packing, or delivery services may
be performed by third parties including a retailer or third party logistics provider (collectively,
“Third Party Providers”).
Delivery may be conducted by each driver’s select method of transportation. You acknowledge that
transportation or logistics services are provided by third party independent contractors who are not
employed by Toothpick.
When you use the Services to place an order for products, you authorize the purchase and delivery of
those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that
Toothpick and the Picker and Driver are acting as your agents in picking, packing, and delivery of goods
purchased by you and are not the seller of the goods to you. You agree that your purchase is being made
from the retailer you have selected, that retailer is the merchant of record, and that title to any
goods passes to you when they are purchased at the applicable retailer’s store. You agree that Toothpick or
the applicable retailer will charge you an amount (by cash or by card) payable upon receiving the goods
you have selected from the retailer. The amount is set to cover the cost of goods purchased and any
separate Toothpick fees, and the amount might be less than or greater than the total amount of the purchase
appearing in the original amount upon check out. This amount whether greater than or less than the
original amount appearing will be adjusted to deal with situations such as special requests, out of
stock, added items, substituted items or weight adjustments.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a
separate agreement between you and Toothpick, Toothpick does not form any employment or agency relationship
with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where
the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies,
or omissions that may relate to pricing, product descriptions, promotions offers, and availability.
Toothpick reserves the right to correct any errors, inaccuracies or omisions and to change or update
information or refuse or cancel orders if any information on the Application or Website is inaccurate at
any time without prior notice (including after you have submitted your order and/or you have completed
1. Your Use of the Services
Toothpick 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 Toothpick’s 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 Toothpick’s 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
Toothpick provides for that purpose (for example, you may not “scrape” the Services through automated means
or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
You may download a copy of the application onto your device to view, use and display the application on
the device to access the Services for your personal and non-commercial purposes only. You are not
permitted or licensed to use the application or the Ser§vices for any other purpose and nothing in these
Terms shall be deemed to grant you any right, title or interest in the application or the Services.
Our home page unique design of navigation from one page where categories, subcategories and products
are present (as the application shows) is subject to international protection & copyrights and may not
be copied or used by another phone application or e-commerce website without Toothpick’s written
Some parts of the Services may allow you to upload or submit content (such as text, images and/or other
materials). You retain all rights in any content that you upload or submit, and are solely responsible
for that content. You grant Toothpick a nonexclusive, royalty-free, worldwide, transferable,
sublicensable 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. Toothpick 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
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 the Services may
be governed by open source licenses. In that case, Toothpick 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 Toothpick 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 you are responsible
for all conduct and transactions that take place on or using your account and that you will take
precautions to keep your account information secure. 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 Pickers, Drivers and individuals who support Toothpick’s operations.
Toothpick reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or
cancel orders at any time at its sole discretion.
We’re constantly modifying and improving the Services. Toothpick may introduce new features, change
existing features, or remove features from the Services at any time and without notice. If you provide
Toothpick with any feedback on or comments regarding the Services, you grant Toothpick the right to use such
feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please contact us through the
email provided on our website.
2. Toothpick Communications
By creating a Toothpick user account, you agree to accept and receive communications from Toothpick or Pickers
and Drivers including via e-mail, text message, calls, and push notifications to the cellular telephone
number you provided to Toothpick. 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 Toothpick, its affiliated companies and/or Pickers or Drivers, including but not limited to
communications concerning orders placed through your account on the Services. Message and data rates
3. Toothpick Coupons
Toothpick Coupons are Toothpick’s, the store’s or manufacturer’s coupons that are automatically applied to
the bill upon purchase to help users save money. 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 use the Coupon while the Coupon is still in effect, the Coupon’s offer
will not apply. 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 un-discounted original price of the
product(s). Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value.
Void where restricted or prohibited by law.
4. Third-party Products and Content
You agree that Toothpick 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 Toothpick will have
no liability based on such purchase, use, or access.
5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, Toothpick DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR
STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, Toothpick MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY
SERVICES PROVIDED BY PICKERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE
SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERRORFREE. Toothpick DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PICKERS, DRIVERS, THIRD PARTY PROVIDERS, OR
RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES
PROVIDED BY PICKERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU,
REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER Toothpick NOR ITS AFFILIATES,
RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PICKER,
DRIVER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PICKER, DRIVERS OR THIRD PARTY
PROVIDER. NEITHER Toothpick NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE
FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PICKER, DRIVER
OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Pickers, Drivers or Third Party Providers, you agree to release
Toothpick (including Toothpick’s affiliates, and each of their respective officers, directors, employees,
agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected to such disputes.
6. LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL Toothpick (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR
OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS,
HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF Toothpick OR Toothpick’S AGENTS OR REPRESENTATIVES KNOW OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Toothpick (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO
PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE
OF THE SERVICES, ANY SERVICES PROVIDED BY PICKERS, DRIVERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS
REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF Toothpick OR Toothpick’S AGENTS OR REPRESENTATIVES KNOW OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Toothpick, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR
AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PICKERS, DRIVERS,
OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE
GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Toothpick FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Toothpick and its officers, directors, employees, agents,
shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any
losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation
attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of,
relating to or resulting from your unauthorized use of the Services or from any breach by you of these
Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
You can stop using the Services at any time and without notice to us. Similarly, Toothpick may terminate
access to the Services to you or any other users or stop offering the all or part of the Services at any
time without notice. In the event of Termination, Section 1 and Sections 4-12 survive and continue to
apply to you.
9. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with
Toothpick, shall constitute the entire agreement between you and Toothpick with respect to the Services and
any use of the Services. If any provision of these Terms is found to be invalid by a court competent
jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining
provisions will remain in full force and effect.
10. No Waiver
Toothpick’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its
right to do so in the future with respect to that provision, any other provision, or these Terms as a
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at
assignment by you shall be void. Toothpick may assign its rights, licenses, and obligations under these
Terms without limitation.
12. Changes to the Terms
We may make changes to these Terms from time to time. When Toothpick does so, Toothpick will post the most
current version of the Terms on Toothpick’s website and, if a revision to the Terms is material, Toothpick
will notify you of the new Terms (for example, by email or a notification on the Services). Changes to
these terms will not apply retroactively. If you do not agree to the modified terms, you should
discontinue your use of the Services.
13. Copyright Policy
Toothpick respects the intellectual property rights of others. Toothpick will respond to valid notices of
copyright infringement and reserves the right to terminate any users, at Toothpick’s sole discretion and
without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your
copyright rights, you may send a written notice of infringement to Toothpick’s designated Copyright Agent
using the contact information listed below. In your notice, please specify the nature of the copyright
infringement and include the following information: (a) an electronic or physical signature of the
owner of the copyright in question or a person authorized to act on behalf of the owner of the
copyright; (b) a description of the claimed infringing material as well as identification of the claimed
infringing material, including the location of such material on the Services (e.g., the URL of the
claimed infringing material if applicable or other means by which Toothpick may locate the material); (c)
complete contact information, including the name of the owner of the copyright and your name, title,
address, telephone number, and email address; (d) a statement that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made
under penalty of perjury, that the information provided in your notice is accurate and that you are the
copyright owner or authorized to act on behalf of the owner.
14. Contact Information
If you have any questions, complaints or comments about the Services contact Toothpick at:
For customer service inquiries visit