For shops with a Stoop account
1. Who we are
Stoop is operated by Bisban Group LLC, a New York limited liability company, doing business as Stoop. In these terms, "Stoop", "we" and "us" mean that operator. "You" and "your shop" mean the business holding the Stoop account.
You can reach us at hello@sendastoop.com.
2. Agreeing to these terms
Your shop accepts these terms when the person setting up the account checks the box and submits the form. That person confirms they have authority to bind the shop.
You confirm that your shop is a genuine, operating business and that all information you give us during verification and afterwards is true. If it is not, we may close your account immediately and pursue any remedy the law allows.
These terms are the whole agreement between your shop and us about Stoop.
3. What Stoop gives you
A Stoop account lets you look up a recipient's delivery details using their Stoop number and the last four digits of their phone number, so you can fill an order for a customer who does not have the recipient's address.
We give your shop a limited, non-exclusive, non-transferable right to use Stoop for that purpose while your account is open. We can withdraw that right under section 11.
Stoop is not part of the sale. You keep the customer, the payment, the product and the delivery. We take no commission and are not a party to any order.
4. How you may use recipient details
This section is the core of these terms.
You receive a recipient's details because the recipient told us to share them with a shop filling an order for them. You may use a recipient's name, address and phone number only to fulfill the specific order the Stoop number was given to you for. That includes preparing the order, delivering it, and contacting the recipient about that delivery.
You must not:
- show or tell the sender, or anyone else placing the order, any part of the recipient's address or phone number, including in order confirmations, receipts, delivery updates or proof of delivery photos that show the address
- use the details for marketing, promotions, mailing lists or any other purpose
- sell, license, rent or share the details with anyone, except a carrier or courier to the extent needed to deliver that order
- add the details to a customer database, loyalty program or CRM record for ongoing use
- look up a Stoop number unless a customer has given it to you for an order
- look up numbers speculatively, in bulk, or to test what exists
- keep the details longer than 30 days after delivery, except where your tax or accounting obligations require you to keep an order record
- access Stoop by any means other than the interface we provide, including scraping or automated requests
5. Your account
Your account is for your shop. You are responsible for everything done with it, including by your staff.
Keep your login secure. Do not share it outside your business. If you think it has been compromised, tell us at hello@sendastoop.com straight away.
We log every lookup made with your account, including the Stoop number entered, the result and the time. We may review these logs and may contact you about unusual activity.
We may limit how many lookups an account can make in a period.
6. Protecting recipient details
You must protect recipient details with reasonable safeguards and comply with applicable law, including New York's SHIELD Act. At a minimum, you must:
- give access only to staff who need the details to fill the order
- keep the details on devices and accounts that are password protected
- not post or store the details anywhere members of the public or other customers can see them
- delete the details as section 4 requires
If you suffer a breach, or suspect that recipient details have been accessed or used in a way these terms do not allow, you must tell us within 48 hours at hello@sendastoop.com. You must cooperate with our investigation and with any notice to recipients that the law requires.
7. Records and cooperation
For each lookup, you must keep a record of the order it was for, such as an order number, for 12 months. If we ask, you must confirm which order a lookup was for within 5 business days.
8. Delivery is yours
The address comes from the recipient. We do not verify it and we are not responsible for it being wrong or out of date.
Everything about the delivery is your responsibility, including whether you deliver to that location, delivery charges, timing, age verification where the law requires it, and anything that goes wrong. You are responsible for complying with the laws that apply to the products you sell and deliver.
If you cannot fulfill an order, that is between you and your customer.
9. Listing your shop
You allow us to name your shop and show its logo on the Stoop website and social media as a participating shop. You can ask us to stop at any time.
10. Fees
Stoop is free for shops at the moment. If we introduce fees, we will give you at least 30 days' notice, and you can close your account instead of paying.
11. Verification, suspension and ending
We verify shops before granting access and may ask for more information at any time.
We may suspend or close your account at any time, with or without notice, including if we believe recipient details have been misused. You can close your account at any time by telling us.
When your account closes, you must delete any recipient details you still hold, except an order record your tax or accounting obligations require.
Sections 4, 6, 7, 8 and 12 to 16 continue to apply after your account closes.
12. What we do not promise
STOOP IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT STOOP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY RECORD IS ACCURATE OR CURRENT.
13. Limits on liability
TO THE FULLEST EXTENT THE LAW ALLOWS:
- NEITHER YOU NOR WE ARE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA
- OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO STOOP IS LIMITED TO THE GREATER OF $100 OR THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM
These limits do not apply to your obligations under sections 4, 6 and 14, or to liability for gross negligence, willful misconduct, or anything else the law does not allow to be limited.
14. Your responsibility to us
You will defend us, and our owners and staff, against any claim by a third party, including a recipient, a sender or a government authority, and cover the resulting losses, fines, costs and reasonable legal fees, where the claim arises from:
- your use or disclosure of recipient details in a way these terms do not allow
- a breach of your obligations under section 6
- an order you fill or a delivery you make, including the products involved
- any other breach of these terms by your shop or your staff
We will tell you promptly about any such claim. You may control the defense with a lawyer we reasonably approve, and we may take part with our own lawyer at our own cost. You may not settle a claim in a way that admits fault by us or requires us to do anything without our written consent.
15. Changes
We may change these terms. If we do, we will show you the new version when you next log in and ask you to agree before you can continue.
16. Law and disputes
These terms are governed by the laws of the State of New York. Any dispute will be brought in the state or federal courts located in New York County, New York, and you and we each consent to those courts. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM THESE TERMS.
17. General
Your shop and Stoop are independent businesses. Nothing in these terms creates a partnership, joint venture or agency.
If any part of these terms cannot be enforced, the rest still applies. If we do not enforce a right under these terms, we have not given it up.
We may transfer these terms to a successor, including a company we form to run Stoop or a buyer of Stoop's business. You may not transfer your account or these terms without our written consent.
We may send you notices by email to the address on your account.
18. Contact
hello@sendastoop.com