Terms and Conditions

1. Agreement to Terms

Welcome to Gallop, operated by Giftphoria Inc. doing business as Gallop, a Delaware corporation qualified to transact intrastate business in California ("Gallop," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website at galloplocal.com, our customer mobile applications for iOS and Android, our merchant-facing web and mobile application ("Gallop Stores"), and any other websites, applications, APIs, tools, or services we make available (collectively, the "Services").

By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1.1 Who these Terms are for

These Terms are an agreement between you, as a customer of Gallop ("you" or "Customer"), and Gallop. They govern your use of the Services and your orders placed through them.

Gallop's relationship with the independent businesses that sell through the Services ("Merchants" or "Stores") is governed by a separate Master Services Agreement between Gallop and each Merchant, not by these Terms. In the event of any conflict between these Terms and a Merchant's Master Services Agreement, the Master Services Agreement controls as between Gallop and that Merchant.

1.2 Eligibility and Capacity

You must be at least eighteen (18) years of age to create an account or place an order. By using the Services you represent that you are at least eighteen (18) and have the legal capacity to enter into a binding contract.

A person under eighteen (18) may use the Services only under the supervision of a parent or legal guardian who holds the account, and that adult is responsible for the order and for all activity under the account.

The Services are not directed to children under thirteen (13), we do not permit them to create accounts, and we do not knowingly collect personal information from them. If you believe a child under thirteen has provided us personal information, contact us at hello@galloplocal.com and we will delete it.

Additional age requirements apply to orders containing alcoholic beverages. See Section 7.

1.3 Your Account

You must give accurate, current and complete information when you register and keep it up to date. You are the sole authorized user of any account you create, you are responsible for all activity under it, and you may not transfer it or let anyone else use it. You agree to monitor your account to prevent its use by a minor. Keep your password confidential and tell us immediately if you think someone else is using your account. We may suspend or close an account where the information given is untrue, inaccurate or incomplete, or where we reasonably suspect misuse.

1.4 Electronic Agreement

Your use of the Services, and your acceptance of these Terms by clicking, tapping or placing an order, constitutes your electronic signature and your consent to transact with us electronically. You agree to receive all agreements, notices, disclosures and records relating to the Services electronically, and that they satisfy any requirement that such communications be in writing.

Your consent is given when you create an account or first place an order, and applies to all records relating to the Services from that point. Your consent to electronic records is set out in our E-Sign Consent Agreement, which forms part of these Terms.

Where you place an order containing alcoholic beverages, you will be asked to confirm at checkout that you and the intended recipient are at least twenty-one (21) years of age. That confirmation is a separate representation made in respect of that order, is signed electronically under this Section, and is in addition to the requirements in Section 7.

2. Description of Services

Gallop operates an online marketplace where Customers can discover and purchase products from independent third-party Merchants. Our Services include:

• Connecting buyers with Merchant products through the Gallop website and customer mobile applications
• Providing the Gallop Stores application, a tool used by participating Stores to receive and manage orders and to communicate with Customers about them
• Processing payments on behalf of Merchants, except for orders containing alcoholic beverages, which are charged by the Merchant as the seller
• Facilitating same-day in-store pickup in Los Angeles
• Arranging same-day local delivery within our delivery area
• Managing online shipping orders throughout the United States (when available)
• Customer service and dispute resolution for matters within Gallop's control

The Gallop Stores app and any messaging, notification, or communication features within the Services are tools we provide to help Merchants and Customers coordinate transactions. Gallop is not a party to the underlying sale of any product.

Gallop builds, provides and administers the channels through which Merchants and Customers communicate about orders, and may review, moderate, restrict or remove what is sent through them, in order to operate the Services, maintain quality and safety, resolve disputes and comply with law.

Gallop does not author, adopt, verify, endorse or guarantee any statement made by a Merchant, and no review, moderation or removal by Gallop makes Gallop the author of a Merchant's communication or responsible for its content.

3. Marketplace Model

3.1 Third-Party Merchants

All products sold through Gallop are provided by independent third-party merchants. Gallop is not the seller of these products but acts as an intermediary facilitating transactions. Each Merchant is an independent business, is the seller of its own products, and is solely responsible for them, for their description, quality and condition, and for compliance with the laws that apply to their sale. No partnership, joint venture, employment or agency relationship exists between Gallop and any Merchant, except as required by law in connection with the delivery of alcoholic beverages (see Section 7).

3.2 Sales Tax

Gallop is a marketplace facilitator under California Revenue and Taxation Code sections 6041 et seq. and collects and remits sales tax on orders placed through the Services, including orders containing alcoholic beverages. Sales tax is calculated and added at checkout. That status is for sales tax purposes only and does not make Gallop the seller of any product.

4. Merchant–Customer Communications

As part of the Services, Gallop provides communication channels — including in-app messaging, push notifications, email forwarding, and order-related updates — that allow Customers and Merchants to communicate with each other about a specific order (collectively, the "Communication Tools").

The Communication Tools exist for a limited purpose. They are used where an item in an order is unavailable, out of stock or cannot be supplied as ordered and a substitution, replacement or cancellation is needed, and for related questions about the fulfillment of that order. They are not a general messaging service, and they are not to be used for marketing, for offers outside the order, or for any matter unrelated to the order.

All communication between a Customer and a Merchant about an order must take place through the Communication Tools. A Merchant may not contact you about an order outside them, and may not use your contact details for any other purpose. If a Merchant contacts you outside the Communication Tools, please tell us at hello@galloplocal.com.

4.1 Gallop's Role in Communications

Gallop provides and administers the Communication Tools. Messages, notifications, images, attachments, statements, promises, representations, quotes and other content sent between a Customer and a Merchant through them are "Merchant–Customer Communications."

Gallop may monitor, review, restrict, edit or remove Merchant–Customer Communications, and may use templates and standard messaging, for the purposes set out in Section 2. Gallop does not verify, endorse or guarantee the accuracy, completeness, legality, safety or appropriateness of any Merchant–Customer Communication, and monitoring does not make Gallop the author of one or responsible for its content.

Any opinions, statements, or representations made by a Merchant or its staff through the Communication Tools are those of the Merchant alone and not of Gallop.

4.2 Merchant Responsibility

Merchants are solely and exclusively responsible for all Merchant–Customer Communications they send, authorize or fail to respond to. Their obligations in respect of those communications are set out in their agreement with Gallop.

4.3 Customer Acknowledgement

Customers acknowledge and agree that any communication received from a Merchant through the Communication Tools originates from that independent Merchant, not from Gallop, and that Gallop is not responsible for the content, timeliness, or fulfillment of any such communication. Gallop is not responsible for, and these Terms do not govern, any communication or arrangement between a Customer and a Merchant that takes place outside the Communication Tools.

Customers should evaluate Merchant–Customer Communications using their own judgment.

4.4 Disclaimer of Liability for Communications

To the fullest extent permitted by law, Gallop disclaims any and all liability arising out of or relating to Merchant–Customer Communications, including any liability for inaccurate, misleading, defamatory, harassing, fraudulent, infringing, unlawful, or otherwise objectionable content, for any failure or delay by a Merchant to respond, for any commitments made by a Merchant that are not honored, and for any harm or damages of any kind resulting from a Customer's reliance on such communications. The fact that Gallop offers the Communication Tools, transmits notifications on a Merchant's behalf, or provides templates or default messaging shall not be construed as adoption, ratification, or endorsement of the underlying Merchant content.

4.5 Reservation of Rights

While we have no obligation to do so, Gallop reserves the right (but not the duty) to review, restrict, suspend, or remove any Merchant–Customer Communication, or to suspend or terminate access to the Communication Tools, at our sole discretion and without liability, including where we believe a communication violates these Terms, applicable law, or the rights of any party.

5. Orders and Fulfillment

5.1 Order Acceptance

Your order constitutes an offer to purchase products.

Your order is an offer to purchase products from the Merchant, and no contract of sale is formed until the Merchant accepts it. Gallop transmits your order to the Merchant and has no authority to accept an order on the Merchant's behalf. Your payment method is authorized when you place the order and charged when delivered for non-alcoholic products and when a Merchant accepts the order for alcoholic products.

If the Merchant rejects your order, or does not accept it within twenty-four (24) hours, the order is cancelled, the authorization is released and you are not charged. Gallop may decline to transmit, or may cancel, an order where we reasonably believe it is fraudulent, unlawful, outside our service area, or placed in breach of these Terms.

5.2 Same-Day Pickup

For same-day pickup orders, you will receive pickup instructions and location details after your order is confirmed. You must present valid identification when collecting your order. Pickup orders are collected at the Merchant's premises during the Merchant's opening hours, and the Merchant, not Gallop, hands the order over. Additional requirements apply to pickup orders containing alcoholic beverages; see Section 7.

5.3 Same-Day Delivery

Where delivery is available for your order:

• Delivery area, delivery deadlines, and delivery windows. We deliver only to addresses within our published delivery area. Any delivery window shown at checkout is an estimate, and we will tell you if we cannot meet it.
• Your information. You are responsible for the accuracy and completeness of the delivery address, any access instructions, and the recipient's name and contact details. We are not responsible for a delivery that fails or is delayed because the information given to us was wrong or incomplete, and the undeliverable item fee below may apply.
• When someone must be present. Where an order requires a person to receive it — because it contains alcoholic beverages, because it is perishable, or because we tell you so at checkout — someone must be at the delivery address to accept it.
• Otherwise. For other orders, our delivery personnel may leave the order at the delivery address, and the photograph captured on completing the delivery is our record of it. Risk of loss passes to you on delivery.
• Attempts. We make one delivery attempt unless we tell you otherwise. Where it is practicable we will contact you at the number or email on the order before treating a delivery as failed.
• Interruptions. Delivery may be delayed or unavailable because of weather, traffic, road closures, civil disturbance, driver availability or other circumstances outside our reasonable control.

5.4 Gift Orders and Recipients

Gallop is a gifting service, and the person who receives an order is often not the person who placed it. Where you place an order for delivery or collection by another person (a "Recipient"):

• you confirm that you are authorized to give us the Recipient's name, address, telephone number and any other information you provide about them, and to have us contact them about the order;
• you authorize us to send the Recipient messages about the delivery, by SMS or email, using the details you give us;
• you remain the purchaser and the party to this contract, you remain responsible for payment, and you are the person entitled to any refund;
• you are responsible for telling the Recipient that a delivery is coming where their presence is required; and
• where the order contains alcoholic beverages, you confirm that the Recipient is at least twenty-one (21) years of age, and Section 7 applies to them.

5.5 Undeliverable Orders and the Undeliverable Item Fee

An order is undeliverable if it cannot lawfully or reasonably be completed at the point of delivery — including where no one is present to receive an order that requires a person to receive it, where identification is required and is not produced or does not verify, where the Recipient appears intoxicated on a delivery of alcoholic beverages, or where the address given cannot be reached.

Where an order is undeliverable we return the items to the Merchant, and we may charge a non-refundable undeliverable item fee of $15 for each Merchant whose items could not be delivered. Delivery and service charges already incurred are not refunded. Any refund of the price of the items is dealt with under Section 8, and Section 7.4 applies to orders containing alcoholic beverages.

5.6 Shipping Orders

For shipping orders, estimated delivery times will be provided at checkout. Actual delivery times may vary based on merchant processing time and shipping carrier performance. Alcoholic beverages are not shipped and are available only for local delivery or collection within California.

5.7 Delivery Personnel and the Delivery Location

Status.Deliveries are performed by individuals engaged by Gallop as independent contractors ("Delivery Personnel"). They are not employees or agents of any Merchant, except that, in connection with the delivery of alcoholic beverages, California alcoholic beverage law treats them as the Merchant's agent for the purposes of that delivery. See Section 7.

Safe and lawful access. You are responsible for providing safe and lawful access to the delivery location. You agree to: secure or restrain any animal at the location; keep the approach, walkway and entrance reasonably safe and, where the delivery is after dark, reasonably lit; disclose any hazard, access restriction or gate code in your delivery instructions; and not require Delivery Personnel to enter a private dwelling, climb over or through any barrier, or take any step that is unsafe or unlawful.

Your responsibility. You are responsible for injury or damage suffered by Delivery Personnel at the delivery location to the extent it is caused by the condition of that location, by an animal at it, or by your act or omission, and Section 18 applies to any claim arising from it. Nothing in this paragraph makes you responsible for injury or damage caused by the conduct of the Delivery Personnel themselves.

Conduct. Gallop requires Delivery Personnel to act professionally, lawfully and courteously, and expects the same of you. You may not harass, threaten, abuse or discriminate against Delivery Personnel, and you may not ask them to do anything that departs from these Terms — including any request to leave an alcoholic beverage without the identification check required by Section 7, to deliver to a different address, or to enter a building or dwelling. Delivery Personnel have no authority to agree to any such request and will refuse it.

Reporting. If property is damaged, a person is injured, or the conduct of Delivery Personnel concerns you, report it to hello@galloplocal.com within seven (7) days of the delivery so that Gallop can investigate while the record is available. Gallop remains responsible for its own negligence, subject to Section 17, and nothing in this Section limits any liability that cannot be limited under applicable law.

Tips. Any tip you give is voluntary, is in addition to the amounts payable under these Terms, and is passed to the Delivery Personnel. A tip is not consideration for any departure from these Terms.

5.8 Substitutions

If an item you ordered is unavailable, the Merchant may offer a substitute through the Communication Tools under Section 4. We will not supply a substitute unless you agree to it. Where you agree to a substitute that costs more than the item it replaces, you are charged the price of the substitute, up to the amount authorized under Section 6.2; where it costs less, you are charged less.

If you do not agree to a substitute, the item is removed from your order and you are not charged for it, and the rest of your order is delivered. Alcoholic beverages are not substituted.

If we cannot reach you or you do not respond to substitution correspondence, a substitution will only be made if the replacement offered is in high similarity in product type, price, and style as the item out of stock. Alcoholic beverages are not substituted, and will be refunded.

If there is no high similarity product from the Merchant, the item is removed from your order and you are not charged for it, and the rest of your order is delivered. Alcoholic beverages are not substituted.

6. Pricing and Payment

6.1 Pricing

All prices are displayed in US dollars. The price shown for a product is the price you pay for it. Sales tax is calculated and added at checkout, and any delivery charge is shown to you before you place your order, so that the total shown at checkout is the amount you will be charged, subject only to any substitution you agree to under Section 5.8 and any undeliverable item fee under Section 5.5. The amount we authorize on your payment method is not the same as the amount we charge; see Section 6.2.

You understand that the prices displayed through the Services may differ from the prices that a Merchant offers or publishes for the same items, including at the Merchant's own store or website or through other services, and may not be the lowest prices at which those items are sold. Gallop has no obligation to itemize its costs, profits or margins when publishing prices. Prices may change at any time, in the discretion of Gallop or the Merchant depending on which of them sets the price, but the price that applies to your order is the price shown when you place it.

Prices for alcoholic beverages are set by the Merchant and are displayed as the Merchant sets them. Gallop applies no markup to alcoholic beverages.

6.2 Payment

We accept the payment methods shown at checkout. Payments are processed by Stripe, Inc. Your payment method is authorized when you place your order and charged when your order is delivered for non-alcoholic products and when the Merchant accepts the order for alcoholic products, as described in Section 6. You authorize us, and where applicable the Merchant, to charge your payment method for the amounts described in these Terms, including any undeliverable item fee if necessary.

For orders containing alcoholic beverages, the price of those items and the tax on them are charged by the Merchant, because the Merchant is the seller. Gallop's own charges are charged separately by Gallop. An order containing items from more than one Merchant may result in more than one charge, and charges may appear on your statement under different names.

Authorization hold. When you place an order that does not contain alcoholic beverages, we place a temporary authorization hold on your payment method for up to ten percent (10%) more than the total shown at checkout. That additional amount exists only so that an item can be replaced with a substitute of slightly higher price if what you ordered turns out to be unavailable. It is a hold, not a charge. You are charged only the final amount of your order, and the unused part of the hold is released when the order is completed or cancelled. Depending on your bank or card issuer, a released hold can take several days to become available to you again, and we have no control over that.

Orders containing alcoholic beverages. No additional hold is placed on an order containing alcoholic beverages. The price of those items and the tax on them are charged by the Merchant when the Merchant accepts the order, and alcoholic beverages are never substituted.

If the amount charged differs from the total displayed to you, we may make a further charge or refund so that the amount charged matches the total displayed. If your payment method fails, you authorize us to charge another payment method on your account. It is your responsibility to keep your payment details up to date.

6.3 Payment Information

Card and payment details are collected and processed by Stripe, Inc. and handled under Stripe's terms and privacy policy.

Gallop does not store full payment card numbers. Gallop does not share your full payment card details with any Merchant. For orders containing alcoholic beverages, the Merchant is the seller and processes the payment for those items through its own payment account, and will see the transaction as any seller would.

How we handle the rest of your information is described in our Privacy Policy.

7. Alcoholic Beverages

7.1 The Merchant is the seller

Alcoholic beverages offered through the Services are sold by the licensed Merchant, under the Merchant's license issued by the California Department of Alcoholic Beverage Control, directly to you. Gallop holds no license issued by that Department and does not sell alcoholic beverages. Gallop promotes and markets those products, transmits your order to the Merchant, and delivers the order on the Merchant's behalf and at the Merchant's direction. Title passes from the Merchant to you at the Merchant's licensed premises, before our delivery personnel take possession.

7.2 You must be 21 years of age or older

You must be at least twenty-one (21) years of age to order an alcoholic beverage. By placing such an order you confirm that you, the intended recipient, and anyone who may consume the alcoholic beverages are at least twenty-one (21), and that the order is not placed for, or for delivery to, anyone under twenty-one (21).

It is unlawful to purchase an alcoholic beverage for a person under twenty-one, and we will cancel any order we believe is placed for that purpose. We may remove access to alcoholic beverages for any customer at our discretion.

Before you complete an order containing an alcoholic beverage, you will be asked to confirm that you are at least twenty-one (21) years of age and that the intended recipient is at least twenty-one (21) years of age. You must give that confirmation for each such order. Gallop records the confirmation with the order. A confirmation that is untrue is a breach of these Terms, and Gallop may cancel the order, refuse future orders containing alcoholic beverages, or close your account.

7.3 Identification is required at delivery

An alcoholic beverage will be handed over only to a person who is present at the delivery address, produces valid, unexpired, government-issued photographic identification, and satisfies our delivery personnel that they are at least twenty-one (21) and do not appear intoxicated. Our delivery personnel scan the identification through the Gallop driver application and also inspect it. Alcoholic beverages are never left unattended, left with a neighbor or concierge, left in a locker or other receptacle, or delivered without contact.

7.4 When we must refuse, and what happens then

Our delivery personnel will refuse to complete a delivery of an alcoholic beverage, and will return it to the Merchant, where: no one is present to receive it; identification is not produced, is expired, or does not verify; the identification indicates the person is under twenty-one (21); the person appears intoxicated; or completing the delivery would otherwise be unlawful. Our delivery personnel may be legally obliged to refuse in these circumstances.

Where a delivery is refused for any of these reasons, you acknowledge that your purchase is non-refundable, that you or the intended recipient may not receive any part of the order — including any items in it that are not alcoholic beverages — and that a non-refundable undeliverable item fee may apply. We may nevertheless deliver the remaining items, or refund part of the order, where we consider it appropriate.

7.5 Lawful hours, area and quantity

You may place an order at any time, but a Merchant cannot accept, and we cannot deliver or hand over, an alcoholic beverage between the hours of 2:00 a.m. and 6:00 a.m. We deliver alcoholic beverages only to addresses in California, and they are not shipped. We do not deliver alcoholic beverages to schools serving any of grades kindergarten through twelve, to college or university campuses including residence halls and fraternity or sorority houses, to prisons, jails or similar facilities, or to parcel lockers or package receptacles.

7.6 Gift baskets containing alcohol

Where a gift basket, hamper or other combined product contains an alcoholic beverage, every item in it is sold by the same licensed Merchant and the whole product is treated as an order containing an alcoholic beverage for all purposes, including identification at delivery and the hours above. An alcoholic beverage cannot be combined with items from another Merchant in a single basket.

7.7 Health warning

California law requires the following warning:

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

We display this warning before you complete an order containing an alcoholic beverage and provide it again with your receipt or with the delivery.

7.8 Identification data

When our delivery personnel scan identification, we collect and retain the result of the check and an image of the identification presented, for three (3) years, in order to verify age, prevent fraud and demonstrate compliance with California alcoholic beverage law. We do not sell or share that information. How we handle it is described in our Privacy Policy and in our Notice of Sensitive Data Collection.

7.9 Returns and refunds of alcoholic beverages

Returns. Once an alcoholic beverage has been handed over it cannot be returned or exchanged. A licensed retailer cannot return alcoholic beverages to saleable stock once they have left its control, so no physical return is possible.

Refunds. A refund is a separate matter from a return, and does not require you to return anything. Where an alcoholic beverage arrives damaged, is not the item you ordered, or is missing from your order, you may be entitled to a refund. Because the Merchant is the seller, refunds for alcoholic beverages are issued by the Merchant. Contact Gallop at hello@galloplocal.com and Gallop will pass your request to the Merchant together with the delivery record.

Gallop's own charges. Gallop may refund its own delivery and service charges where it considers it appropriate to do so, whether or not the Merchant refunds the price of the goods.

8. Returns and Refunds

8.1 Returns, refunds, and credits

Gallop handles returns, refunds and credits for problems with an order — an item missing, damaged, not as described, or a delivery that was not completed, was delayed beyond the window shown at checkout, or was completed incorrectly — and will arrange them with the Merchant. Contact us at hello@galloplocal.com.

We are not obliged to give a refund or credit, and whether we do, and in what form, is at our discretion in each case, but Gallop will consider each request in good faith and in accordance with this Section.

Refunds for alcoholic beverages are the exception and are issued by the Merchant under Section 7.9.

8.2 Shipped Orders

Returns and refunds for shipped orders are processed by Gallop subject to the following conditions:

• Items may be returned for store credit within fourteen (14) days of delivery
• Items must be in original condition and packaging
• Certain items may be non-returnable (including perishable goods, personalized or custom-made items, and items that cannot be resold for health or safety reasons)
• Return shipping costs may apply

8.3 Delivered Orders

Items delivered locally may be returned or exchanged within fourteen (14) days of delivery on the same conditions as shipped orders, except that alcoholic beverages cannot be returned once delivered (see Section 7.9), and except for perishable, personalized or custom items.

8.4 Same-Day Pickup Orders

Items purchased for same-day pickup may be exchanged but are not eligible for refunds. Exchanges must be requested within twenty-four (24) hours of pickup and are subject to merchant availability.

8.5 Refund Processing

Approved refunds will be processed within five (5) to ten (10) business days to your original payment method. Where a refund cannot be made to the original payment method, we will contact you to arrange an alternative.

9. Dispute Resolution

We handle order-related disputes between Customers and Merchants where Gallop processes payment for the order. If you have an issue with your order, please contact us at hello@galloplocal.com. We will work to resolve such disputes in good faith and in accordance with these Terms.

Disputes that arise solely out of Merchant–Customer Communications, off-platform arrangements, or representations made by a Merchant outside the order itself are between the Customer and the Merchant, and Gallop has no obligation to mediate or assume liability for them.

For orders containing alcoholic beverages the Merchant is the seller and the merchant of record, and disputes about the goods, their price or a refund are between you and the Merchant. We will help you reach the Merchant and will provide the delivery record.

Before starting any formal proceeding, you agree to contact us at hello@galloplocal.com and give us thirty (30) days to resolve the matter informally, and we will do the same before starting a proceeding against you. Any limitation period is suspended while that period runs.

10. Binding Arbitration and Class Action Waiver

Please read this section carefully. It requires most disputes between you and Gallop to be resolved by individual arbitration rather than in court, and it limits your ability to participate in a class action.

• Agreement to arbitrate. Except as stated below, any dispute or claim between you and Gallop arising out of or relating to these Terms or your use of the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in Los Angeles County, California, or by telephone, video or written submission where the Rules allow.
• Class action waiver. You and Gallop each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking it and only to the extent necessary to that party's individual claim. If this paragraph is unenforceable as to a particular claim or remedy, that claim or remedy is severed and heard in court, and the rest of this section continues to apply.
• What is excluded. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorized access to the Services. Nothing here waives any right that cannot be waived as a matter of law, or prevents you from complaining to a government agency.
• Coordinated filings. Where twenty-five (25) or more substantially similar demands are filed against Gallop by or with the assistance of the same counsel or coordinated group, they will be administered in batches of up to fifty (50), each before a single arbitrator, with one set of filing fees per batch, and the parties will cooperate with the administrator to do so.
• Fees. Gallop will pay the arbitration fees allocated to it by the AAA Consumer Arbitration Rules and, where your claim is for $10,000 or less, will pay your filing fee, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.
• Opting out. You may reject this arbitration agreement by written notice to hello@galloplocal.com within thirty (30) days of first accepting these Terms, stating your name and that you decline to arbitrate. Opting out affects no other part of these Terms.
• Survival and severability. This section survives termination. If the class action waiver is found unenforceable in its entirety, this entire arbitration section is void.

11. Geographic Limitations

Currently, same-day pickup services are available only in the Greater Los Angeles area of California. Same-day delivery is available only within our published delivery area, which we may change at any time. Shipping services are available throughout the United States where permitted by law. Alcoholic beverages are available only for delivery to addresses in California or collection at a Merchant's licensed premises in California, and are not shipped. We reserve the right to refuse service to any location at our discretion.

12. Intellectual Property

12.1 Merchant Content

Product descriptions, images, and other content provided by merchants remain the property of the respective merchants or their licensors. Each Merchant grants Gallop a license to use that content to operate, market and promote the Services, on the terms of its agreement with Gallop.

12.2 Gallop Content

The Gallop website, the customer applications, the Gallop Stores application, including their design, logos, and proprietary content, are owned by Giftphoria, Inc. and protected by copyright and trademark laws.

12.3 Limited License

We grant you a limited, non-exclusive, non-transferable revocable license to access and use our website and applications for personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, reverse engineer or create derivative works from any part of the Services except as permitted by law.

12.4 User Content and Reviews

Where you submit a review, photograph, comment or other content through the Services, you grant Gallop a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute and adapt it in connection with the Services and our marketing. You confirm that you own it or have the right to grant that license and that it infringes nobody's rights.

Reviews must reflect your genuine experience. We do not offer any incentive conditioned on the sentiment of a review, we do not suppress or remove reviews because they are critical, and we do not write or commission reviews presented as those of a customer.

12.5 Copyright Complaints

Gallop respects the intellectual property of others and will remove material that infringes it.

If you believe content on the Services infringes your copyright, send a notice to our designated agent at Giftphoria, Inc., 4457 W 2nd St, Los Angeles, CA 90004, hello@galloplocal.com including: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material you say is infringing and where it is located on the Services; your contact details; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove or disable access to material that is the subject of a notice, and we may terminate the accounts of repeat infringers.

13. Apple App Store

The following applies to any Gallop application you obtained from the Apple App Store.

• These Terms are concluded between you and Gallop only, and not with Apple Inc. Gallop, not Apple, is solely responsible for the application and its content. Your use of the application must comply with the App Store Terms of Service.
• Apple has no obligation whatsoever to furnish any maintenance or support services for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the fullest extent permitted by law Apple has no other warranty obligation, and as between Gallop and Apple any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Gallop's sole responsibility.
• As between Gallop and Apple, Apple is not responsible for addressing any claim by you or a third party relating to the application or your possession and use of it, including product liability claims, any claim that it fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• As between Gallop and Apple, Gallop is solely responsible for the investigation, defense, settlement and discharge of any third-party claim that the application, or your possession and use of it, infringes that third party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the application.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the application, and on your acceptance of these Terms Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

14. Google Play

The following applies to any Gallop application you obtained from Google Play.

• These Terms are concluded between you and Gallop only, and not with Google LLC. Google is not a party to these Terms and has no responsibility for the application or its content.
• Gallop, not Google, is solely responsible for the application, for any support or maintenance of it, and for addressing any claim relating to it.
• Your use of the application must comply with the Google Play Terms of Service, and where those terms conflict with these Terms in relation to your acquisition of the application from Google Play, the Google Play Terms of Service govern that subject matter.

15. Prohibited Uses

You may not use the Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, defamatory, harassing, or illegal content, including through the Communication Tools
• Send unsolicited marketing, spam, or any communications that violate anti-spam, telemarketing, or consumer protection laws
• Misrepresent your identity, your affiliation with a Merchant, or the products or services being offered
• Misrepresent your age, or the age of any person receiving an order
• Purchase an alcoholic beverage for, or arrange its delivery to, any person under twenty-one (21) years of age
• Purchase any product through the Services for resale
• Use another person's payment method, account or identification without their authority
• Contact, advertise to, solicit or sell to any Merchant, Customer or delivery person using information obtained through the Services, without our prior written permission
• Copy, compile, scrape or republish any content displayed through the Services, including product listings and reviews, other than for your own personal, non-commercial use
• Use the Services or any content accessible through them, without our prior written consent, in connection with developing any software, including training a machine learning or artificial intelligence system, or providing archived or cached data sets of that content to another person
• Interfere with the operation of the Services
• Attempt to gain unauthorized access to our systems or to any other user's account
• Use automated systems to access the Services without permission
• Harass, threaten, abuse or discriminate against any Merchant, Merchant staff or Delivery Personnel, or ask Delivery Personnel to act in breach of these Terms or unlawfully

16. Disclaimers

16.1 AS IS BASIS

The Services, including the Gallop website, the customer mobile applications and the Communication Tools, are provided on an "as is" and "as available" basis without warranties of any kind.

16.2 MERCHANT RESPONSIBILITY

We do not warrant the quality, safety, or legality of products sold by Merchants, the accuracy of Merchant product listings, or the conduct of any Merchant. Merchants are independent third parties and are solely responsible for their products, listings, fulfillment, and all communications they have with Customers.

Gallop is not responsible for a Merchant's business decisions, for actions taken by a Merchant's staff, or for any loss resulting from a Merchant's misuse of the Gallop Stores application, failure to keep its account credentials secure, or failure to monitor and respond to orders and communications.

16.3 COMMUNICATIONS DISCLAIMER

Gallop does not warrant the accuracy, reliability, completeness, timeliness, or content of any Merchant–Customer Communication transmitted through the Communication Tools. Gallop provides these tools as a convenience, and any monitoring or moderation Gallop performs is undertaken at its discretion and does not make Gallop responsible for what a Merchant sends. Any reliance on a Merchant–Customer Communication is at the user's own risk.

16.4 NO WARRANTIES

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in this section excludes or limits any warranty, right or remedy that cannot be excluded or limited under applicable law, including the implied warranty of merchantability on consumer goods under the Song-Beverly Consumer Warranty Act. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, Gallop's aggregate liability arising out of or relating to these Terms or your use of the Services is limited to the greater of (i) the total amount paid for the order giving rise to the claim, including amounts paid to the Merchant, and (ii) one hundred dollars ($100). We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption.

Without limiting the foregoing, Gallop is not liable for: (i) the acts, omissions, products, services, or representations of any Merchant; (ii) the content, accuracy, or delivery of any Merchant–Customer Communication, whether sent through the customer application, in-app messaging, push notifications, email, SMS, or any other channel facilitated by the Services; (iii) any agreement, promise, quote, or commitment made by a Merchant to a Customer outside of the formal order placed through Gallop; or (iv) any harm resulting from a Customer's reliance on a Merchant–Customer Communication. Any dispute arising from such matters is solely between the Customer and the Merchant.

Nothing in these Terms excludes or limits Gallop's liability for fraud, for willful injury to the person or property of another, for a violation of law, for death or personal injury caused by its negligence, or for any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless Gallop, its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your breach of these Terms, any content you submit or transmit through the Services, your misuse of the Services, or your violation of any law or third-party right, except to the extent the claim arises from Gallop's own negligence, willful misconduct or breach of these Terms.

19. Communications and Notifications

19.1 Transactional Communications

By creating an account or placing an order on Gallop, you agree to receive transactional and service-related communications via email and SMS, including but not limited to:

• Account verification and welcome messages
• Order confirmations and status updates
• Shipping and delivery notifications, including messages to a Recipient you have asked us to deliver to
• Pickup instructions and reminders
• Customer support communications
• Security alerts and account notifications
• Warnings and disclosures required by law, including the health warning in Section 7.7

These communications are necessary to provide our services and fulfill your orders. You may not opt out of transactional communications while maintaining an active account. To stop all communications, you may delete your account by contacting us at hello@galloplocal.com.

You may not opt out of transactional communications by email while maintaining an active account, because they are necessary to provide the Services. You may stop transactional text messages at any time by replying STOP to any message from us. If you do, we will continue to send transactional communications by email, and you may not receive delivery notifications in time to receive a delivery that requires someone to be present. To stop all communications, you may close your account by contacting us at hello@galloplocal.com.

19.2 Marketing Communications

We may send you promotional and marketing communications via email and/or SMS, including special offers, new product announcements, and personalized recommendations — but only if you explicitly opt in. You may be presented with the option to opt in to marketing messages at checkout or when signing up for a promotional offer (such as free delivery). Creating an account alone does not enroll you in marketing communications. Marketing messages are entirely optional. Message frequency varies. Message and data rates may apply to SMS messages.

Where you opt in to marketing text messages, you authorize us to send you recurring marketing messages, including messages sent by automatic telephone dialing system, at the mobile number associated with your opt-in. You do not have to opt in as a condition of purchasing anything or of using the Services. You confirm that you are the subscriber to that number, or its customary user and authorized to opt in, and you agree to update your account if you change or deactivate the number so that we do not inadvertently message whoever acquires it. Reply STOP to cancel or HELP for help. Message frequency varies, message and data rates may apply, and carriers are not liable for delayed or undelivered messages.

19.3 Opting Out

You may opt out of marketing communications at any time:

• Email: Click the "unsubscribe" link at the bottom of any marketing email, or update your preferences in your account settings
• SMS: Reply STOP to any marketing text message you receive from us, or update your preferences in your account settings
• Contact us directly at hello@galloplocal.com to update your communication preferences

Opting out of marketing communications will not affect transactional messages related to your orders and account.

20. Privacy

Please review our separate Privacy Policy, which governs how we collect, use, and protect your information when you use the Services. Our Privacy Policy includes the notice at collection required by the California Consumer Privacy Act and describes how to exercise your rights under it. Where we collect and retain an image of identification in connection with an order containing alcoholic beverages, we do so as described in Section 7.8 and in our Notice of Sensitive Data Collection.

21. Modifications

We reserve the right to modify these Terms at any time.

We will post the modified Terms with an updated "Last Updated" date. Where a change is material we will give you notice — by email to the address on your account, by notice in the application, or both — at least thirty (30) days before it takes effect, and the change will apply only to orders placed after it takes effect. Your continued use of the Services after a change takes effect constitutes acceptance of it. If you do not agree to a change, stop using the Services and, if you wish, delete your account. Changes do not apply retroactively to a dispute that arose before they took effect.

22. Termination

We may terminate or suspend your access to the Services at any time, with or without cause or notice. Where we terminate for a reason other than your breach of these Terms or suspected unlawful activity, we will give you notice where it is practicable to do so. You may stop using the Services and delete your account at any time by contacting us at hello@galloplocal.com. Upon termination, your right to use the Services ceases immediately.

The following survive termination: Section 4 (Merchant–Customer Communications), Section 5.7 (Delivery Personnel and the Delivery Location), Section 7.8 (Identification Data), Section 8 (Returns and Refunds) as to orders already placed, Section 9 (Dispute Resolution), Section 10 (Arbitration), Section 12 (Intellectual Property), Sections 13 and 14 (App Stores), Section 16 (Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 23 (Governing Law), Section 25 (Assignment, Notices and Third Parties), and any other provision that by its nature should survive.

23. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Subject to Section 9A, any action arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the personal jurisdiction of those courts. Nothing in this Section limits your right to bring a claim in the small claims court of the county in which you reside, or to complain to a government agency.

24. Force Majeure

Neither Gallop nor any Merchant is liable for any delay or failure to perform caused by circumstances outside its reasonable control, including acts of God, fire, flood, earthquake, extreme weather, epidemic, war, terrorism, civil disturbance, labor dispute, power or telecommunications failure, failure of a third-party service provider, or government action. Where performance is prevented for that reason we will tell you and will refund amounts paid for any order we cannot fulfill.

25. Assignment, Notices and Third Parties

Assignment. You may not assign or transfer these Terms or your account. Gallop may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets.

Notices. We may give you notice by email to the address on your account, by SMS to the number on your account, or by notice in the application. You are responsible for keeping those details current, and if the last email address you gave us is not valid or cannot deliver, our sending of the notice is still effective notice. You may give us notice at hello@galloplocal.com or by mail to Giftphoria, Inc., 4457 W 2nd St, Los Angeles, CA 90004.

Third parties. Except as stated in Sections 13 and 14 with respect to Apple Inc. and Google LLC, there are no third-party beneficiaries of these Terms. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and Gallop, or between Gallop and any Merchant, except as required by the Alcoholic Beverage Control Act in connection with the delivery of alcoholic beverages.

Waiver. A failure to enforce any provision of these Terms is not a waiver of it.

26. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. A provision found to be unenforceable shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed.

27. Entire Agreement

These Terms, together with our Privacy Policy, our Notice of Sensitive Data Collection, our E-Sign Consent Agreement, and any policy referred to in these Terms, constitute the entire agreement between you and Gallop regarding your use of the Services, subject to Section 1.1.

28. Contact Information

If you have questions about these Terms, please contact us at:

Notice to California Consumers

Under California Civil Code section 1789.3, California residents are entitled to the following notice. The provider of the Services is Giftphoria, Inc. (dba Gallop), 4457 W 2nd St, Los Angeles, CA 90004, hello@galloplocal.com. The charges payable for the Services are set out in Section 6 and are displayed before you place an order. To resolve a complaint about the Services, or to receive further information about using them, contact us at hello@galloplocal.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.