1.1 These Terms of Service ("Terms") govern your access to and use of the website located at https://dumsnak.com (the "Site"), any services made available by DumSnak LLC ("DumSnak," "we," "us," or "our"), and any purchases made through DumSnak-operated vending machines.
1.2 By accessing or using the Site, submitting information through the Site, engaging with our services, or purchasing products from one of our vending machines, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or our services.
1.3 These Terms form a binding legal agreement between you and DumSnak LLC, a limited liability company organized under the laws of the Commonwealth of Massachusetts.
1.4 If you use the Site or services on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
2.1 DumSnak LLC is a vending services company. Our business includes, without limitation:
2.2 We reserve the right to modify, suspend, or discontinue any part of the Site or our services at any time, with or without notice.
3.1 Our Site and services are intended for use within the United States.
3.2 There is no general minimum age requirement to purchase products from our vending machines, provided the person making the purchase has permission and lawful authorization to use the payment method used for the transaction.
3.3 If you submit a request, inquiry, or agreement on behalf of a business, you represent that:
4.1 Certain business relationships with DumSnak, including vending placement arrangements, service arrangements, and related commercial relationships, may be governed by separate written contracts.
4.2 If you enter into a separate written agreement with DumSnak, that agreement controls to the extent it conflicts with these Terms.
4.3 These Terms still apply generally to Site use unless the separate agreement expressly states otherwise.
5.1 All sales through DumSnak vending machines are final.
5.2 No refunds, returns, exchanges, or credits are guaranteed once a product has been dispensed.
5.3 This no-refund policy is a material term of each purchase.
5.4.1 If payment is processed but a product is not dispensed due to a malfunction, you may contact us at info@dumsnak.com and include:
5.4.2 We may review malfunction claims on a case-by-case basis. Any refund, replacement, or credit for a malfunction may be issued solely at DumSnak's discretion unless otherwise required by applicable law.
5.4.3 Claims should be submitted within 7 days of the transaction.
5.5.1 Payments made at our vending machines are processed by Nayax or another payment processor we may use from time to time.
5.5.2 By making a purchase, you acknowledge that payment processing may be subject to third-party payment processor terms and policies. DumSnak does not store full payment card numbers, card security codes, or PINs.
5.5.3 We are not responsible for payment processor outages, banking delays, card issuer decisions, or third-party payment platform failures.
5.6.1 Product packaging and manufacturer information should be reviewed before consumption.
5.6.2 DumSnak does not manufacture products sold through its vending machines and cannot guarantee the absence of allergens, cross-contact, ingredient changes, or manufacturer labeling errors.
5.6.3 Individuals with food allergies, sensitivities, or dietary restrictions should review product labeling before consumption.
5.6.4 Product ingredients, nutrition information, and allergen disclosure are determined by the manufacturer and may change without notice.
6.1 You agree to use the Site only for lawful purposes. You may not:
6.2 We may suspend, block, or terminate access to the Site for any actual or suspected violation of these Terms.
7.1 All content on the Site, including text, graphics, branding, logos, images, design elements, software, and other materials, is owned by DumSnak LLC or its licensors and is protected by applicable intellectual property laws.
7.2 You may view and use the Site only for lawful, internal, and non-commercial purposes related to learning about or interacting with our services.
7.3 You may not, without our prior written consent:
8.1 If you submit information to us through the Site, by email, or otherwise, you represent and warrant that:
8.2 You grant DumSnak the right to use submitted information as reasonably necessary to respond to your inquiry, provide services, communicate with you, manage partnerships, enforce agreements, and operate our business, subject to our Privacy Policy.
9.1 We may add user or partner account functionality in the future. If we do:
9.2 Additional terms may apply to future account features.
10.1 If you voluntarily provide your contact information and opt in where required, you agree that we may send you:
10.2 You may opt out of marketing emails by using the unsubscribe link in the message. You may opt out of SMS by replying STOP.
10.3 Opting out of marketing messages does not prevent us from sending transactional, relationship, legal, or service-related communications where permitted by law.
10.4 Standard message and data rates may apply to SMS communications.
11.1 The Site may contain links to third-party websites or use third-party tools or services. We do not control and are not responsible for third-party websites, tools, platforms, or services, including their content, security, availability, or privacy practices.
11.2 Your use of any third-party service is at your own risk and subject to that third party's own terms and policies.
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, OUR SERVICES, AND PRODUCTS SOLD THROUGH OUR VENDING MACHINES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
12.2 DUMSNAK LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:
12.3 We do not warrant that:
12.4 Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under applicable law.
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, DUMSNAK LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
This includes, without limitation, damages for:
13.2 To the fullest extent permitted by law, DumSnak's total aggregate liability for any claim arising out of or relating to these Terms, the Site, our services, or vending purchases shall not exceed the greater of:
Nothing in these Terms limits liability that cannot lawfully be limited under Massachusetts law.
14.1 You agree to defend, indemnify, and hold harmless DumSnak LLC and its owners, members, managers, officers, employees, agents, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
15.1 Good Faith Negotiation. Before filing any legal action, the parties agree to attempt to resolve any dispute, claim, or controversy in good faith through direct negotiation for a period of at least thirty (30) days.
15.2 Waiver of Jury Trial. To the extent permitted by law, each party hereby irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms.
15.3 Waiver of Class Action. To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15.4 Governing Law and Venue. These Terms shall be governed by the laws of the Commonwealth of Massachusetts. Unless applicable law requires otherwise, any action arising out of or relating to these Terms shall be brought in a court of competent jurisdiction located within Massachusetts.
16.1 We may revise these Terms from time to time. When we do, we will update the "Last Updated" date.
16.2 Your continued use of the Site or services after updated Terms become effective constitutes acceptance of the revised Terms.
16.3 If you do not agree to revised Terms, you must stop using the Site and our services.
17.1 No waiver by DumSnak of any provision of these Terms shall be deemed a further or continuing waiver of that or any other provision.
18.1 You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
18.2 We may assign these Terms in connection with a merger, acquisition, financing, reorganization, asset sale, or similar business transaction.
18.3 DumSnak shall not be liable for delays, interruptions, or failures in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, severe weather, power outages, labor disputes, telecommunication failures, governmental actions, cyberattacks, epidemics, or supply chain disruptions.
19.1 These Terms, together with our Privacy Policy and any separate written agreement between DumSnak and the applicable party, constitute the entire agreement regarding the Site and services and supersede all prior understandings relating thereto.
19.2 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
20.1 You agree that electronic communications from DumSnak satisfy any legal requirement that such communications be in writing.
20.2 If you click a button indicating acceptance, submit information through the Site, or otherwise use the Site after being presented with these Terms, you agree that this may constitute an electronic signature to the fullest extent permitted by applicable law, including the Massachusetts Uniform Electronic Transactions Act (M.G.L chapter 110G).
21.1 These Terms of Service is intended to comply with the laws of the Commonwealth of Massachusetts and applicable federal law.
21.2 These Terms shall be interpreted and enforced consistent with applicable Massachusetts law and federal law, including, where applicable:
21.3 If any provision of these Terms conflicts with a mandatory requirement of Massachusetts law, the applicable law will control to that extent, and the remainder of these Terms will remain in effect.
22.1 If you have questions about these Terms, contact:
DumSnak LLC
Boston, Massachusetts, United States
Email: info@dumsnak.com
Website: https://dumsnak.com