PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY POTJOY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.POTJOY.IN (THE "SITE") AND ALL SERVICES PROVIDED BY POTJOY ON THE SITE. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Potjoy is a Venue

Potjoy acts as a venue to allow users who comply with Potjoy's policies to offer, sell and buy certain meals or food items within a fixed-price format. Potjoy is not directly involved in the transaction between buyers and sellers. As a result, Potjoy has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Potjoy cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Potjoy does not transfer legal ownership of items from the seller to the buyer.

Potjoy cannot guarantee the true identity, age, and nationality of a user. Potjoy encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that Potjoy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Potjoy. You use the Potjoy service at your own risk.

Fees and Services

Potjoy charges a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Potjoy may choose to change the fees for Potjoy's services, at which point Potjoy will give you notice of the change. Such changes are effective immediately. Potjoy may, at Potjoy's sole discretion, change some or all of Potjoy's services at any time. In the event Potjoy introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using Potjoy.

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Potjoy's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Potjoy shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Potjoy transaction fees, misrepresent the item information, or use another user's account without permission.

Order Processing: Potjoy may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Potjoy deems appropriate in its sole discretion. Potjoy also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Potjoy will either not charge you or refund the charges for orders that we do not process or cancel.

Refund Policy: Potjoy may grant refund on certain items on a case-by-case basis and is at the sole discretion of Potjoy.

Pricing Information: Potjoy strives to provide accurate pricing information regarding the products and services available on Potjoy. We cannot, however, insure against pricing errors. Potjoy reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Potjoy will notify you by email. In addition, Potjoy reserves the right, at its sole discretion, to correct any error in the pricing.

Messaging: As part of the services we provide, you may receive push notifications, local client notifications, text messages, pictures messages, alerts, emails, or other types of messages from Potjoy or its agents. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms of Use you authorize Potjoy or its agents to send texts or calls to your phone using an automatic dialing system or a prerecorded voice. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

Product and Service Availability: Potjoy may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Potjoy cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Potjoy attempts to process the order. Should this happen, Potjoy will notify you by email or phone. Service offerings that are out-of-stock generally are no longer available. If Potjoy determines that a product or service you wish to purchase is no longer available, the item will be canceled from your order. Potjoy will notify you by email and delete the item from the Site.

4. No Guarantee

Potjoy does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Potjoy's control.