DX Daily Store Subscriptions Terms of Use
Last Updated: March 3, 2023
DX Daily Store Subscriptions is a pilot product subscription service (the “Service”) operated by DX Daily Store Inc. (“DX Daily Store”) for select dxdailystore.com account holders. These terms of use (“Terms of Use”) are between you and Walmart.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY UTILIZING THE DX Daily Store SUBSCRIPTIONS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, AS WELL AS THE dxdailystore.com TERMS OF USE FOUND HERE THE DX Daily Store PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE dxdailystore.com TERMS OF USE.
For the purposes of these Terms of Use, references to “we,” “us,” and “our” refer to DX Daily Store and its affiliates.
- General.
1.1 Pilot Program. The DX Daily Store Subscriptions Service is a pilot program only available to select, eligible dxdailystore.com account holders (“Subscriber(s)”), which allows those Subscribers to subscribe for the reoccurring delivery of eligible products. THIS PROGRAM IS A PILOT PROGRAM ONLY, AND WILL EXPIRE ON OR ABOUT JANUARY 31, 2023 UNLESS YOU ARE OTHERWISE NOTIFIED, INCLUDING BY AN UPDATE TO THESE TERMS. By utilizing the Service and other related features or services, you acknowledge that you have read, understood, and agree to be bound by the following terms of use.
1.2 Right to Discontinue. DX Daily Store reserves the right to discontinue the DX Daily Store Subscriptions Service at any time in our sole discretion, with no notice to you, including eliminating any discount that may be provided by DX Daily Store for subscriptions to select products. In the event the event the DX Daily Store Subscriptions Service is not adopted, or is discontinued by DX Daily Store, you agree that any product subscriptions you may have enabled will be terminated by DX Daily Store, and that any discount that may be provided by DX Daily Store for subscriptions to select products will end.
1.3 Modification or update of the Terms. We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the DX Daily Store Sites as set forth in the dxdailystore.com Terms of Use. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check dxdailystore.com for any updated Terms of Use, including these DX Daily Store Subscriptions Terms of Use. In addition, by continuing to use or access the Service or any of the DX Daily Store Sites or otherwise engaging with DX Daily Store after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.
1.4 Account. To use the Service, you must register and create an account with DX Daily Store or have a pre-existing DX Daily Store account (“Account”) in accordance with the dxdailystore.com Terms of Use.
2.Walmart Subscriptions Service.
2.1 Eligible Subscribers. To be eligible to use the Service, you must be in compliance with the dxdailystore.com Terms of Use and receive messaging in the DX Daily Store app or dxdailystore.com that you are eligible to utilize the Service. Such messaging may be identified by icons, buttons, links or other selectable features titled as “subscribe now” or other similar language and which will provide you with the ability to subscribe for the periodic, recurring delivery of certain products sold by DX Daily Store or through the DX Daily Store Marketplace, as further set forth below. If you are a DX Daily Store associate, you may be an Eligible Subscriber for purposes of this pilot program. At any time, DX Daily Store reserves the right to restrict or discontinue DX Daily Store associate eligibility for participation in the DX Daily Store Subscriptions Service.
2.2 Product Subscription. When you sign up for the Service, DX Daily Store will automatically place an order on your behalf of eligible products you have selected, according to your chosen delivery frequency schedule, until you cancel (a “Subscription”).
2.3 Payment. You agree for each Subscription you select that we will charge any credit card or debit card (a “Payment Method”) we have on file for you on the order placement date at the price then in effect for the product (plus applicable taxes and fees) and that we will then charge your Payment Method on a recurring basis at the delivery interval you selected at the price then in effect (plus taxes and fees), until you cancel. Product prices may change until the time your order is actually processed. Once your order is processed, the product price will not change for that shipment. You must have a Payment Method on file at all times during the period of your Subscription. If no Payment Method is on file, your active Subscriptions will be skipped until such time as a Payment Method is selected. You can change your default Payment Method at any time. To remove all Payment Methods, you must cancel your active Subscriptions.
2.4 Payment resubmittals. If all Payment Methods we have on file for you are declined for payment of the applicable fee on your next order, you agree that we may resubmit the applicable fee for payment to your issuing bank(s). Any resubmittal attempts will be made first to your default Payment Method, and then to other Payment Methods you have on file. Once payment is authorized by an issuing bank on a Payment Method on file, all other resubmittals will be discontinued. If, after all resubmittals, payment is still not authorized by your issuing bank(s), your next scheduled order will be automatically cancelled and you will not receive that order. Your next order after your cancelled order will remain as scheduled and we will repeat this payment process for that and all subsequent orders.
2.5 Canceling Specific Orders. To avoid being charged for a specific order, you must cancel before the order is processed as indicated in your reminder email. To cancel the Service or any Subscription, go to the Manage Subscriptions section of your Account.
2.6 Product Eligibility for Service. Only DX Daily Store Subscriptions items identified by icons, buttons, links or other selectable features titled as “subscribe now” or other similar language are eligible for the Service. DX Daily Store reserves the right to remove certain items from eligibility for the Service at any time without notice. If you select an item that becomes temporarily out of stock at the time of order placement or shipping, you authorize us to skip a subscription cycle on your behalf. If you select an item that becomes permanently discontinued, you authorize us to cancel your item subscription on your behalf. Certain products may require authorization by a prescriber such as a veterinarian. If DX Daily Store is not able to obtain authorization DX Daily Store reserves the right to cancel the item subscription.
2.7 Subscriptions Discount. From time to time, DX Daily Store or a Marketplace Retailer (as identified in Section 3.1 below) may elect to provide a discount on the price of certain products that are available to you through the Service (a “Subscriptions Discount”). The amount of the applicable Subscriptions Discount, if any, will depend on your eligibility for this pilot program, and the amount of the Subscriptions Discount may vary among eligible Subscribers. The specific amount of any applicable Subscriptions Discount will be identified for you through the subscription enrollment process. Not all products eligible for the Service will have a Subscriptions Discount. DX Daily Store or a Marketplace Retailer reserves the right to change the amount of any Subscriptions Discount, including changing the amount of any Subscriptions Discount for any active product subscription you have, at any time during a subscriptions cycle, or to discontinue the Subscriptions Discount for any product, at any time and in its sole discretion, without notice to you. Subscriptions Discounts on marketplace items are funded by the Marketplace Retailer.
2.8 No Commercial Use of the Service. The Service may be used for personal, non-commercial use only, and benefits may not be shared, assigned, or transferred to any third party.
3. Marketplace Program as Part of DX Daily Store Subscriptions Service. Marketplace Retailers may participate in DX Daily Store Subscriptions Service. You may choose Subscriptions from Marketplace Retailers.
3.1 Marketplace Retailers, Generally. A Marketplace Retailer is any entity or retailer that: (1) sells goods or services in the DX Daily Store Marketplace (“Walmart Marketplace” is a program which enables Marketplace Retailers to sell their products alongside DX Daily Store products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer) through the DX Daily Store Sites; (2) uses any order processing, fulfillment, shipping, or other services related to the DX Daily Store Marketplace provided by or for Walmart; or (3) uses any platform, portal, web service, application, interface, or other tool provided by or for DX Daily Store in connection with the DX Daily Store Marketplace. Any use of the DX Daily Store Marketplace as part of DX Daily Store Subscriptions Service is subject to the dxdailystore.com Terms of Use (linked above).
3.2 Subscriptions from Marketplace Retailer. By choosing a Subscription for a Marketplace Retailer’s item, you acknowledge that all DX Daily Store Marketplace orders associated with this Subscription will be fulfilled by the third-party Marketplace Retailer and not DX Daily Store, or if fulfilled by DX Daily Store, done so on behalf of the Marketplace Retailer as its service provider. The Marketplace Retailer (and not Walmart) will be responsible for all processing, shipping, returns, and customer service related to your DX Daily Store Marketplace order. If DX Daily Store handles the processing, shipping, returns, and customer service for a Marketplace order, it will do so as a service provider on behalf of the Marketplace Retailer. Products purchased from a Marketplace Retailer can be returned to DX Daily Store in accordance with the DX Daily Store return policy and will be handled by DX Daily Store on behalf of the Marketplace Retailer. Each Marketplace Retailer’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer’s Seller Information page. Pricing for Marketplace items, including Marketplace items you may choose for Subscription, is set by the Marketplace Retailer. To the fullest extent provided by applicable law, DX Daily Store has no responsibility or liability for any Marketplace Retailer, their products, or representations, including those related to Marketplace Retailers as part of DX Daily Store Subscription Service.
4. Cancellation. You may cease your use of the Service at any time by accessing Manage Subscriptions. DX Daily Store may terminate your subscriptions at any time without notice. After cancellation or termination, you will only be charged for orders that have shipped. If you terminate your dxdailystore.com account, any active product subscriptions you have will be automatically canceled.
5. General.
5.1 Disputes/Binding Arbitration. Any disputes arising under this Agreement will be determined in accordance with the ‘Disputes and Arbitration; Applicable Law’ section of the dxdailystore.com Terms of Use (available here).
5.2 Help Information. For help with the Service, see the Service FAQs here.
Last Updated: March 3, 2023