FreshBazaarPlace llc. Terms of Service
Effective Date: Dec 25st, 2017
Freshbazaarplace llc provides a virtual storefront from which you can select goods for picking, packing and delivery to your location. Freshbazaarplace llc operates Instagolocal.com, delivery. Instagolocal.com, and iOS applications and Android Play store applications (e.g. Instagolocal) (collectively, the “Application”) and offers various products and services, including the virtual store, social pages, blogs and feedback forum, on or through the Application (collectively, the “Services”). PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified. All such modifications will be effective upon reasonable notice. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Application and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service. Your continued use of the Application and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
FreshBazaarPlace grants you a limited, non-exclusive, non-transferable, and revocable license to use the Applications for their intended purposes subject to your compliance with these Terms of Service. You may only access the Services through the interfaces that FreshBazaarPlace provides for that purpose (for example, You may not “scrape” the Services through automated means or “frame” any part of the FreshBazaarPlace Services), except that You may have the option of accessing the Services through downloadable software and this software may update itself automatically on Your device. When You use the Services to place an order for products, you authorize the purchase and delivery of those products from the stores you select. Unless otherwise specified, you acknowledge and agree that FreshBazaarPlace is acting as your agent in delivery of goods purchased by You and is not the seller of the goods to You. You agree that Your purchase is being made from the stores you have selected, and title to any goods passes to You when they are purchased at the applicable stores. FreshBazaarPlace will obtain a credit card authorization for Your credit card on file with us to cover the cost of the goods you have purchased from the stores and any separate FreshBazaarPlace fees, and Your card will be charged for the goods purchased by You and any applicable fees when you submit your order through the Service.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms of Service, FreshBazaarPlace does not form any employment or agency relationship with You and does not hold title to any goods that You order through the Services.
Items purchased via FreshBazaarPlace are for personal use only and not for commercial resale. FreshBazaarPlace is not liable for the ingredients, contents or other characteristics of any items purchased via the Application.
If You would like to cancel an Instagolocal order once it has been placed You can request cancellation online through Your Instagolocal account for a limited period of time, after which Your order is processed and if You want to return or exchange any items, You must do so directly with the Store and subject to the Store’s policies. FreshBazaarPlace cannot guarantee that we will be able to cancel the order. If You want to return or exchange an item for any reason, or if you seek a refund or exchange for a lost or damaged item, You must engage directly with the Store and are subject to the Store’s policies.
During Your selection of items for purchase, You may choose to indicate whether a substitute(replaceable) is acceptable if a particular item is not available in the store. If You order an item that turns out to be unavailable at the store location, a substitute of similar item will be included at the discretion of the store in Your order as agreed by you of choice that a substitute is acceptable, or the item will be removed from Your order and You will not be charged. If FreshBazaarPlace is unable to have any part of Your order fulfilled for any reason (other than You not being present to key in the code for a delivery), FreshBazaarPlace will automatically cancel that part of Your order and You will not be charged for the items that comprise the unfulfilled part of your order.
E wallets are part of the integrated system within Instagolocal. They can be applied directly to purchases to cover part of the purchase. Any unused or remaining portion cannot be claimed for cash except that they can be used as part of the purchase with Instagolocal. No transfers of e wallets are allowed to another account.
If you are not present when the order arrives during the delivery window You chose, the golocal shopper will leave the groceries at the door of Your delivery address (or per Your reasonable delivery instructions). The cold groceries will not be left in any insulated or cooled packaging unless You may place your own insulated box at a visible location and provide special delivery instructions during the checkout, In all other cases You must put away Your cold grocery items promptly after delivery. The golocal shopper will attempt to reach out to you so that a random digit generated code will be sent to you as confirmation of receipt and the driver will use this digits to complete the delivery process.
By placing an Instagolocal order, You acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and You hereby agree to indemnify, defend and hold harmless FreshBazaarPlace, the store and each of their affiliates from any claims, losses or liabilities arising from or in connection with Your violation of the applicable return policy.
In-store prices and other applicable fees (such as taxes and other fees that the store charges, like bottle deposits, recycle fees towards bag charges and e-waste fees) may vary based on actual instore item prices and availability. For example, items sold by weight may end up costing a little more or less than the price listed on FreshBazaarPlace, depending on the exact weight and price of what's chosen for You. Also, items that are not pre-packaged, loose example fresh produce, fruits, meat and poultry.. etc may vary +-10% in weight or may be by pieces which might have different weights. Also, if something is out of stock, the substitutes you receive may have prices different from your original items. Further, products displayed in the Application are updated regularly, but the products delivered to You may not be identical to the product pictured in the Application. In-store promotions may or may not be available in the Application or applicable to Your purchase.
Because these prices (and the associated taxes and other fees the store charges) may vary based on current item prices and availability, FreshBazaarPlace authorizes Your card for an estimated amount that includes a reasonable buffer to cover that variance. The total will show on Your final receipt. If the total exceeds the designated reasonable buffer for Your order, then part or all of Your order will be automatically declined and You may choose to resubmit the declined part of Your order at the new price.
Items are purchased from individual stores as listed in Your cart and Your order history. The shipping and service fee is not a tip. All service fees are paid to FreshBazaarPlace.
FreshBazaarPlace sales are in-Application sales and are processed as online transactions. You will receive an electronic receipt for Your order. FreshBazaarPlace does not take responsibility for any items You purchase. Rather, responsibility for each item You purchase will pass directly from the store to You in the store at the point of sale. Any returns for PCC will be managed by Instagolocal. Any item replacement or other protection afforded to You by FreshBazaarPlace or the store for damage or loss that occurs in transit is offered as a matter of customer service only and is not intended to alter the transfer of responsibility for FreshBazaarPlace items. Applicable sales tax will be calculated based on the physical address of the store location where the item was purchased. FreshBazaarPlace may display estimated taxes on Your purchase to You in-Application during the FreshBazaarPlace purchase process; however, Your final receipt will display the final sales tax calculated. Each store is solely responsible for calculating and informing FreshBazaarPlace how much sales tax to collect on each order. FreshBazaarPlace will collect the instructed amount from You on behalf of the store and will remit those funds to the store.
YOU MUST BE AT LEAST 12 YEARS OF AGE TO USE THE APPLICATION AND/OR THE
SERVICES. By using the Application and/or the Services, You represent and warrant that
(a) You are 12 years of age or older;
(b) All information You submit to FreshBazaarPlace is truthful and accurate;
(c) You will maintain the accuracy of such information; and
(d) Your use of the Services or the Application does not violate any applicable law or regulation.
To use the Application and/or the Services, You may be required to create a user account (“Account”). If You create an Account, You agree to provide FreshBazaarPlace current, complete, true and accurate information, and to update this information should it change. FreshBazaarPlace may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.
Some Services may require payment of fees to FreshBazaarPlace; if You purchase any goods or services that require payment of fees to FreshBazaarPlace, You agree to provide FreshBazaarPlace (or FreshBazaarPlace’s payment agent) with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.
If You create an Account, You may be asked to choose a password and a user name OR sign with social authentication OR via phone authentication.
You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that FreshBazaarPlace reserves the right to change, remove, alter or delete any user name at any time and for any reason in FreshBazaarPlace’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
You agree to notify FreshBazaarPlace immediately at Security@instagolocal.com of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by FreshBazaarPlace. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that FreshBazaarPlace will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by FreshBazaarPlace or another party due to someone else using Your Account or password.
FRESHBAZAARPLACE RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE APPLICATION AND/OR THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. FRESHBAZAARPLACE ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY FRESHBAZAARPLACE, INCLUDING, WITHOUT LIMITATION, THE APPLICATION AND THE SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT FRESHBAZAARPLACE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.
In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.
“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Application and/or the
Services, whether provided by FreshBazaarPlace or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF
FRESHBAZAARPLACE AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY FRESHBAZAARPLACE, YOU, OR ANOTHER USER OF THE SERVICES.
You acknowledge that the Content, Services and Application are protected by copyrights, trademarks, and other proprietary rights owned by FreshBazaarPlace, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, FreshBazaarPlace and its licensors do not grant You any express or implied rights, and all right, title and interest that FreshBazaarPlace has in the Application and/or the Services that are not expressly granted by FreshBazaarPlace to You are retained by FreshBazaarPlace. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without FreshBazaarPlace’s prior written permission. FreshBazaarPlace grants you a limited license to use the Content for the limited purpose of viewing and using the Services.
7. User Submissions. FreshBazaarPlace does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”). You must not transmit any User Submission to or through the FreshBazaarPlace Application or to FreshBazaarPlace through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is:
(a) Truthful, accurate, and not misleading,
(b) Offered in good faith, and
(c) That you have the right to transmit such information.
ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF FRESHBAZAARPLACE’S COPYRIGHT RIGHTS IN AND TO THE CONTENT.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Application or Services, or any information obtained from the Application or the Services, without the prior express written consent of FreshBazaarPlace.
You may not, under any circumstances, use the Content or the Services in any manner that:
(a) Is unlawful;
(b) Could damage, disable, overburden, or impair any FreshBazaarPlace server or the network(s) connected to any FreshBazaarPlace server;
(c) Could interfere with any other party’s use and enjoyment of the Services;
(d) Gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any FreshBazaarPlace server, or to any of the Services, through hacking, password mining or any other means;
(e) Collects or aggregates information regarding other users’ actions relating to
the Services; or
(f) Reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Application.
You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to FreshBazaarPlace that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.
By providing Your email address to FreshBazaarPlace and subscribing to FreshBazaarPlace communications, You understand You may receive periodic information regarding current and future services offered on the Application and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 12 (Termination and Survivability). 11. Jurisdictional Issues and Export Control Laws
The Application and/or Services are controlled and operated by FreshBazaarPlace from its offices within the United States. FreshBazaarPlace makes no representation that Content and other materials available through the Application and/or Services are appropriate or available for use in any other locations. Those who choose to access the Application and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service are effective until terminated. FreshBazaarPlace may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 5 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to FreshBazaarPlace at: email@example.com, Attn: Accounts Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by FreshBazaarPlace but not more than twenty (20) business days after sending such termination email.
The provisions of Sections 6 (Ownership of Content), 7 (Limitations), 12 (Termination and Survivability), 13 (Disclaimer of Warranty; Limitation of Liability), 14 (Indemnity), 15 (Jurisdiction and Choice of Law), and 16 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION AND/OR SERVICES IS AT YOUR SOLE RISK. THE APPLICATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES
(INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE FRESHBAZAARPLACE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE FRESHBAZAARPLACE APPLICATION AND/OR FRESHBAZAARPLACE SERVICES OR USE OF THE FRESHBAZAARPLACE APPLICATION AND/OR FRESHBAZAARPLACE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE FRESHBAZAARPLACE PARTIES IS TO STOP USING THE APPLICATION AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).
IN NO CASE SHALL THE LIABILITY OF THE FRESHBAZAARPLACE PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FRESHBAZAARPLACE OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE FRESHBAZAARPLACE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR
FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH THE FRESHBAZAARPLACE PARTIES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE FRESHBAZAARPLACE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FRESHBAZAARPLACE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FRESHBAZAARPLACE EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE APPLICATION AND/OR SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THE FRESHBAZAARPLACE APPLICATION DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY FRESHBAZAARPLACE OR ANY OF ITS EMPLOYEES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND FRESHBAZAARPLACE OR A REPRESENTATIVE OF FRESHBAZAARPLACE SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS
You agree to defend, indemnify and hold harmless FreshBazaarPlace and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of:
(a) Your use of, or activities in connection with the Application, including the
(b) Any violation of these Terms of Service by You or through Your Account or
using Your user name; or
(c) Any allegation that any information, messages, or materials that You make available or create through the Application and/or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of Washington. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of King County, Washington without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Application and/or the Services from locations outside of Washington do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any disputes between You and FreshBazaarPlace relating to Your use of the Application and/or the Services that involve a claim of less than $10,000 shall be resolved exclusively through binding nonappearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and FreshBazaarPlace agree that the following rules shall apply to the arbitration proceedings:
(a) The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions;
(b) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any disputes between You and FreshBazaarPlace relating to Your use of the Application and/or Services that involve a claim of more than $10,000 shall be subject to the exclusive jurisdiction of the courts of King County, Washington.
FreshBazaarPlace may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without FreshBazaarPlace’s express prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices to You may be made via posting to the Application, by email, or by regular mail, in FreshBazaarPlace’s discretion. FreshBazaarPlace may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on FreshBazaarPlace’s Application. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and FreshBazaarPlace with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and FreshBazaarPlace with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 9525210.
If you have any questions, comments or complaints regarding these Terms of Service or the Application or Services, feel free to contact us at: firstname.lastname@example.org.
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