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

 

These Catering Terms incorporate by reference Wawa's Terms of Use and Privacy Policy, and the terms and conditions of the applicable third-party delivery management system which can be found here. Additionally, certain programs and services offered by Wawa, mobile applications, gift cards, surveys, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. The Catering Terms, including Wawa’s Terms of Use, Wawa’s Privacy Policy and the Delivery Terms of Use, together with any such additional terms and conditions, constitute the entire agreement between you and Wawa related to the Catering Services. The Catering Terms, Wawa’s Terms of Use, Wawa’s Privacy Policy and Delivery Terms of Use, and any such additional terms and conditions, will apply equally. In the event of a conflict, the Catering Terms will prevail.

 

1. ENROLLMENT; PERSONAL INFORMATION

 

1. 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. 

 

1. 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. 

 

1. 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.

 

1. 4 The only third parties with whom Wawa will share your information are third-parties who are contractors and service providers engaged in connection with the Catering Services (collectively, “Third-Party Service Providers”) and only to the extent necessary to run and administer the Catering Services, or as otherwise disclosed in our Privacy Policy. Wawa will never sell your information.

 

1. 5 You can deactivate your catering account at any time by calling 855-WAWA-2GO.

 

LOCATION-BASED SERVICES

If you enable location-based services on your computer or other device in connection with your use of the Catering Services, you expressly consent to Wawa and/or its Third-Party Service Providers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to identify your local Wawa catering facility, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our Privacy Policy for further information and for details on how to opt-out of location collection.

 

1. ORDERING; FEES; PAYMENT

 

1. 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 11:00 A.M. Eastern Standard Time (“EST”) on the day before the products need to be delivered. 

 

1. 2 There is an order minimum of $200 per delivery order.  In most cases, the minimum order amount will be exclusive of taxes and delivery charges that may apply and may vary by location.

 

1. 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 $50.00 for orders where the total order amount is $500.00 or less.  Such charge and any applicable taxes will be identified when you place your order.

 

1. 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. 

 

1. 5 Payment for the Catering Services may be made only using Visa, MasterCard, Discover, and American Express credit cards.  Payment may also be made using a house account if approved by Wawa.

 

 

1. ORDER NOTIFICATIONS; PICK-UP OR DELIVERY

 

1. 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.   

 

1. 2 Pick up is not available at the Catering for Business location. You will always have the option to pick up your catering order from another 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. 

 

1. 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.

 

1. ORDER CANCELLATIONS
   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, as applicable, 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.

 

1. 1 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.

 

1. 2 Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation.

 

1. EXCLUSION FROM WAWA REWARDS PROGRAM

Products and services obtained from the Catering Services are excluded from computation of rewards in the Wawa Rewards Program.

 

1.  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.

 

1. TERMINATION

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.

 

1.  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.

 

1. 1 Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Wawa agree that any controversy, claim, action, or dispute between you and Wawa, its affiliated companies and their respective officers, directors, employees, agents or contractors arising from or relating to the Catering Services or these Catering Terms (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

 

1. 2 Informal Dispute Resolution.  Prior to initiating any arbitration, you must first present any 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 Dispute cannot be resolved within sixty (60) days.

 

Both you and Wawa agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

 

1. 3 Right to Opt Out of this Arbitration Agreement . You may opt out of this Arbitration Agreement within the first thirty (30) days after the earliest of the first time you (a) create an account on the Catering Website; or (b) submit an order for the Catering Services. You may also opt out of this Arbitration Agreement within thirty (30) days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Wawa at legaldepartment@wawa.com or by sending a letter to Wawa, Attn: Legal Department, 260 West Baltimore Pike, Wawa, PA 19063. You should include your printed name, mailing address, and the words “Reject Arbitration.”

 

1. 4 Right to Bring Small Claims in Court. Instead of arbitration, 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.

 

1. 5 How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website, www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Wawa will reimburse those fees in an amount up to $10,000. Wawa also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

1. 6 Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Wawa agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Wawa hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

 

1. 7 Other Terms.  This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Wawa and/or use of the Catering Services ends. 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. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

 

1.  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.

 

1.  MISCELLANEOUS

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.