“JOE MEMBERSHIP” TERMS & CONDITIONS
Welcome to the terms and conditions ("Terms") for Joe Membership. These Terms are between you and Joe & The Juice A/S and/or its affiliates ("Joe & The Juice" or "Us") and govern our respective rights and obligations. These Terms apply for the memberships “Joe Premium” and “Joe Family” (each a, “Joe Membership”).
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY. UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
Please note that your use of the Joe & The Juice website (the “Website”), the Joe & The Juice mobile application (the “App”) and Joe Membership are also governed by the agreements listed and linked to below where relevant, as well as all other applicable terms, conditions, limitations, and requirements on the Website and the App, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Joe Membership you accept these terms, conditions, limitations and requirements.
Website T&Cs
App T&Cs
Privacy Policy
By using your Joe Membership you agree to be bound by these terms and conditions. If you don’t expressly accept these terms and conditions, you won’t be able to register for Joe Membership.
You must be 18 years of age or older to register for and use Joe Membership. You certify that you are 18 years of age or older.
PRIVACY
We process information about you in accordance with our Privacy Policy which is incorporated into and is part of these Terms. By signing up for Joe Membership you warrant that all data provided by you is accurate.
JOE MEMBERSHIP BENEFITS
By joining Joe Membership and paying the stated fee in the App on the terms noted below, you are entitled to a range of benefits as shown in the App or on the Website:
1. Joe Premium. You will receive a fixed discount on products purchased through the App. Joe Premium limits an account holder to receiving the stated discount on up to a fixed amount of products per day, and unlimited coffee products per day, as noted in your membership page.
2. Joe Family. You will receive a fixed discount on products purchased through the App. Joe Family limits an account holder to receiving the stated discount on up to a fixed amount of products per day, and unlimited coffee products per day, as noted in your membership page.
Any products purchased on top of the discount allowance described above will be charged at the full advertised price without any discount offered by Joe Membership.
OTHER LIMITATIONS
We reserve the right to accept or refuse membership in our absolute discretion.
We may send you emails and other communications related to your Joe Membership regarding all matters of your account regardless of any settings or preferences related to your Joe Membership account.
You may not transfer or assign your Joe Membership or any Joe & The Juice benefits, including promotion codes for Joe Memberships or benefits.
Joe Membership members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Joe Membership.
From time to time, Joe & The Juice may choose in its absolute discretion to add or remove Joe Membership benefits.
FEES AND AUTOMATIC RENEWALS
The membership fee for Joe Membership is stated in the App under the “Wallet” and “Memberships” sections (as applicable). From time to time, we may offer different membership terms, promotional deals and offers and the fees for such membership may vary. The Joe Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the Joe Membership fee and will follow the tax regulations of the specific state, region or nation you are registered in; therefore, if you move between a state, region or country, you must update Joe & The Juice so the Joe Membership fee destination address can reflect your current address.
Prior to registering for Joe Membership you will expressly consent to all terms and conditions including the processes regarding fees and renewal.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be deactivated until an eligible payment method is provided. . If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the date of the successful charge.
We may change the Joe Membership benefits and the price of Joe Membership from time to time; however, any price changes or changes to your Joe Membership will apply no earlier than 30 days following notice to you. You must cancel your Joe Membership within this notice period if you do not want to continue your Joe Membership with the changed benefits and / or pricing; otherwise, the new benefits and pricing will apply to your Joe Membership until you cancel.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR JOE MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH BEGINNING ON THE DATE YOU REGISTER. YOU WILL BE CHARGED AUTOMATICALLY EVERY MONTH FOR YOUR MEMBERSHIP, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
AGREEMENT CHANGES
We may in our absolute discretion change these Terms, Joejuice.com’s Terms of Use and Privacy Policy, or any aspect of Joe Membership. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
We will provide you with express notice of all material changes in the terms regarding automatic renewal or continuous service. We will provide you with a clear and conspicuous notice of the material change and provide information regarding how to cancel.
MEMBERSHIP CANCELLATION
You may cancel your Joe Membership for any reason and at any time by visiting Your Membership on the App. If you cancel your Membership without having used it within the required 14 day cooling off period after you first sign up, you will be entitled to apply for a full refund. If you have purchased any products on the App or the Website using the discount provided or if you cancel after 14 days, you will not be entitled to any refund. When cancelling after this time, your benefits will expire at the end of the current billing period and you will not be charged any further Joe Membership fees.
By joining and registering for Joe Membership, you actively consent to the service of Joe Membership being provided, in full, by Us at the time of registration.
TERMINATION BY US
We may terminate your Joe Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full days remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our absolute discretion, violates these Terms or any applicable law, involves fraud or misuse of the Joe Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
LIMITATION OF LIABILITY
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN JOEJUICE.COM’s TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR JOE MEMBERSHIP.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Joe & The Juice and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
SEVERABILITY
If any of these terms and conditions is found invalid, void, or for any reason unenforceable, that term or condition is severable and does not affect the validity and enforceability of any remaining terms and conditions.
DISPUTES
FOR U.S. JOE MEMBERSHIP CUSTOMERS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND JOE & THE JUICE HAVE AGAINST EACH OTHER ARE RESOLVED. Any dispute or claim relating in any way to these Terms or your use of Joe Membership, or to any products or services sold or distributed by Joe & The Juice or through Joejuice.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Capitol Service Inc. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You may opt out of this arbitration provision by emailing care@joejuice.com within 30 days of first signing up for Joe Membership.
GOVERNING LAW; VENUE
If you are a resident of the U.S., (a) these Terms and any dispute of any sort that might arise between you and Us shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflicts of law, and (b) any dispute of any sort arising out of or relating to these Terms will be heard in New York County, New York. If you reside outside of the U.S., these Terms shall be governed by and construed in accordance with the laws of Denmark.