Terms & Conditions
Thank you for reviewing the terms and conditions (“Catering Terms”) governing Wawa Catering (“Catering Services”). The Catering Terms are between you and Wawa, Inc. (“Wawa” or “we”) and describe each party’s respective rights and obligations. By enrolling in and/or submitting any orders for the Catering Services, you indicate your acceptance of these Catering Terms.
1. INCORPORATION OF RELATED TERMS
2. ENROLLMENT; PERSONAL INFORMATION
2.1 You can use the Catering Services by creating an account through the Wawa Catering website located at www.wawacatering.com (“Catering Website”). You will be asked to provide certain information about yourself, including but not limited to your name, phone number and a valid email address, and to create an account password.
2.2 As you are creating your account, you can opt in to receive communications from Wawa about any special offers and other benefits, promotions, sweepstakes, and news. Wawa may use the information you provide when creating your account and as a catering client in order to provide such communications.
2.3 You acknowledge that Wawa may use the information you provide during account creation and as a catering client to communicate with you about product recalls that may affect you. You acknowledge that although Wawa will attempt to identify products subject to recall that you have purchased and communicate such product recalls to you as a catering client, Wawa does not guarantee that you will be notified of such product recalls accurately and in every instance. Please continue to pay attention to other sources of information about product recalls. Failure of Wawa to notify you of a product recall that may affect you does not mean that no such product recall occurred or that any such product recall does not affect you.
2.5 You can deactivate your catering account at any time by calling 855-WAWA-2GO.
3. LOCATION-BASED SERVICES
4. ORDERING; FEES; PAYMENT
4.1 You must submit your orders for the Catering Services online from the Catering Website or via phone at 855-WAWA-2GO. Orders must be made by 2:00 P.M. Eastern Standard Time (“EST”) on the day before the products need to be delivered.
4.2 There is an order minimum of $49.99 per order. In most cases, the minimum order amount will be exclusive of taxes and delivery charges that may apply and may vary by location.
4.3 If you choose to have a catering order delivered, Wawa shall assess a service charge of fifteen percent (15%) of the total order amount for such order (“Service Charge”). The Service Charge will not exceed Twenty-Five Dollars ($25.00). Such charge and any applicable taxes will be identified when you place your order.
4.4 There may be limits on the dollar values and number of orders that may be placed on the Catering Website. Discounts, coupons and other offers may not be able to be combined with your catering order.
4.5 Payment for the Catering Services may be made only using Visa, MasterCard, Discover, and American Express credit cards or house accounts.
5. ORDER NOTIFICATIONS; PICK-UP OR DELIVERY
5.1 Catering delivery is available at participating Wawa’s in the U.S. Not all Wawa’s offer delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary.
5.2 You will always have the option to pick up your catering order from a participating Wawa location. That option must be selected at the time of your order. If you select that option, the Service Charge will be omitted.
5.3 By providing a valid email address when you are creating your catering account, you acknowledge that Wawa may automatically send you notifications about your order via email. If your catering order is being delivered, you can choose to receive tracking updates via text message. Data usage or other like fees owed to your mobile carrier may apply. Consent to receive text messages is not required to make any purchase from Wawa.
6. ORDER CANCELLATIONS
6.1 In an effort to provide our catering clients with the best possible experience, Wawa understands that details around your event can change and we will work with you to accommodate any modifications to your order. We accept cancellations up to 5 P.M. EST the day before the scheduled catering event. Wawa reserves the right to charge your credit card or house account up to fifty percent (50%) of the price of the total order amount if the order is cancelled after 5 P.M. EST the day before the scheduled catering event and up to one hundred percent (100%) of the price of the total order amount if the order is cancelled after 12 A.M. EST of the day our records indicate the catering event is scheduled to take place.
6.2 Wawa reserves the right to cancel any order at any time for any reason. Notification of such cancellation will be sent to you via your provided contact information. If such cancellation is not for cause, Wawa will provide a complete refund.
6.3 Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation.
7. EXCLUSION FROM WAWA REWARDS PROGRAM
Products and services obtained from the Catering Services are excluded from computation of rewards in the Wawa Rewards Program.
8. CHANGES TO TERMS
Wawa may change the Catering Terms at any time, with or without notice. Wawa will post the revised Catering Terms on the Catering Website. If you already created a Wawa Catering account, we may also notify you directly of the revised Catering Terms. As permitted by applicable law, any such changes will become effective at the time Wawa posts the revised Catering Terms.
Wawa may suspend or terminate the Catering Services or revoke or limit your use thereof at any time, for any reason or for no reason at all, without notice to you Wawa may suspend or terminate your Catering account and your ability to order the Catering Services for any conduct that Wawa, in its sole discretion, believes is in violation of these Catering Terms, any additional terms or applicable law, or if the use of your account is unauthorized, fraudulent or otherwise unlawful.
10. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
YOU AND WAWA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
10.1 Any claim or dispute between you and Wawa, its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to the Catering Services or these Catering Terms, will be resolved by binding arbitration before a sole arbitrator in Philadelphia, Pennsylvania administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules as supplemented by AAA Supplementary Procedures for Consumer-Related Disputes. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. However, either you or Wawa may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
10.2 Prior to initiating any arbitration, you must first present any claim or dispute to Wawa by contacting the Wawa Customer Relations Team at 1-800-444-9292 to allow for an opportunity to resolve the dispute. You or we may initiate arbitration if your claim or dispute cannot be resolved within sixty (60) days.
10.3 All administrative fees and expenses of an arbitration will be divided equally between you and Wawa. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
10.4 An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder will still be given full force and effect.
10.5 Waiver of Right to Bring Class Action and Representative Claims. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
10.6 Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. Wawa will provide notice of any material changes to this Arbitration Agreement. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
11. GOVERNING LAW
These Catering Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions.
If any provision of these Catering Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it will not impact the validity and enforceability of any other provision of these Catering Terms, all of which will remain in full force and effect. Failure of Wawa to exercise or enforce any right or provision of these Catering Terms will not constitute a waiver of such right or provision in that or any other instance.