Terms and Conditions
Welcome to Grocerii.com. By using the services on the Grocerii.com website (the "website"), you are agreeing to the following terms with Grocerii.com LLC. ("Grocerii.com")
Before you may become a member of Grocerii.com, you must read and accept all of the terms and conditions in this document ("Agreement") and the Privacy Policy. The agreement that applies on our domains is always the agreement that appears in the footer of the website.
While using the website, you will not:
- violate any laws, third party rights, or our policies
- use the website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our website
- circumvent or manipulate our pricing, our billing process, or any payment owed to Grocerii.com
- provide false, inaccurate, misleading, defamatory, or libelous information (including personal information)
- transfer your account to another party, or let another party use your account, without our consent
- distribute or post spam, chain letters, or pyramid schemes
- distribute any other technologies that may harm Grocerii.com, or the interests or property of Grocerii.com users
- copy, modify, or distribute content from the website's copyrights and trademarks
- harvest or otherwise collect information about users, including email addresses, without their consent.
- We ask that you report problems, offensive messages, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the website, delay or remove orders, and take technical and legal steps to keep users off the website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Prices and Availability
We provide most recent prices of items/products listed/determined by the covered stores and Providers, to the best of our knowledge. These prices are not real-time and may differ from the current prices. We try to keep the price information updated but do not guarantee that they will always reflect the actual store/provider prices at any given time. We do not provide any information regarding the current availability of the items at any store or provider that may change due to changes in inventory, sale of items, discontinuation of items at certain stores etc.
Products and Fees (as and when applicable)
We are not an online store. We may only provide a means to place your orders to your store's existing online shopping and ordering interfaces using your existing membership with that particular store or provider. When you purchase from through us, we will give you a detailed electronic bill for the total, which will be charged to your credit card prior to shippingcan only provide the information that can be retrieved from the online shopping interface of the store against the placed order. Any and all responsibility of receiving and executing your online order remains with the original store and its online shopping interface. In cases where a bill needs to be modified -- in cases including, but not limited to, backorders, product availability issues, and pricing changes -- we will update the bill and require you to review those changes before we proceed with the order.
Shipping times, if provided are estimates only and are as received from the original store's online shopping interface against the order. They are guidelines provided by our shipping companies, but the total time for an order to process is subject to the sender and receiver of a gift responding promptly to emails. After a receiver has accepted a gift, if applicable, and the sender has responded to any issues that requires that party's attention, it may take up to 24 hours to handle the order in our distribution centers before they are shipped. Once a good has shipped, responsibility for the goods are transferred to the customer. All terms and conditions put forward by the store or provider regarding shipping and handling, apply as is, between You and the store or provider that you placed the order to. Where applicable, we only provide a routing of your shopping lists / orders only.
Buyer Beware
When sending a gift by email, we cannot guarantee the identity of the individual who receives or responds to that email. Nor can we verify the correctness of shipping information. It is up to the sender to enter the email address correctly when sending a gift, and to verify that the email we send to that address is only accessible by the intended recipient.The online channels and medium used by the stores or providers are beyond our control or choice. If the sender or recipient provides the wrong shipping address, or if the gift orshopping list or order information or email is stolen or intercepted en route to the intended party we do not take responsibility. We do not provide exchanges or refunds once a product has shipped. If one or more of your products are returned to us, we will not reship it. We reserve the right to donate, dispose, or resell returned goods to defray the losses we incur from these situations. We are not liable for and will not compensate you for the cost of the item or any associated fees including taxes, shipping and handling, and gift wrapping that may be charged by the store or provider.
Unless otherwise stated, all currency amounts are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with website at the time of order (as and when applicable). If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel.)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
You will not hold Grocerii.com responsible for other users' actions or inactions, including things they send in messages or as giftsshared lists. You acknowledge that we are not a traditional retailer. When sending gifts by email, we cannot verify the identity of either party or the veracity of information they provide. We have no control over and do not guarantee the truth or accuracy of information provided from one customer to another, including any customer's identity or intentions.
We have a great team of engineers, but we cannot guarantee continuous or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total amount you purchased from us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users or the stores/providers covered by us, you release us (and our officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Part or all of the website may contain robot exclusion headers. Much of the information on the website is updated on a real-timeperiodic basis and is proprietary or is licensed to Grocerii.com by our partners, vendors, users, or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the website without the prior expressed written permission of Grocerii.com and any appropriate third parties, as applicable
- interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Grocerii.com Privacy Policy. We view protection of the users' privacy as a right. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We may use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Grocerii.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Grocerii.com's website or to the email address you provide to Grocerii.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Grocerii.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Grocerii.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we ask you to first contact us directly by email at info@Grocerii.com.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of New Jersey, without regard to conflict of law provisions. Arbitration Option - For any claim, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; 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.
Additional Terms
The following policy is part of this Agreement and provides additional terms and conditions related to specific services offered on the Site:
Privacy Policy - Privacy Policy
This policy may be changed from time to time. Changes take effect when we post them on the website, unless otherwise stated. When using particular services on the website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. If part of any policy is found to contradict any term(s) of this Agreement, then the terms of this Agreement will overrule that portion of the policy that is in conflict.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Products and Fees (with respect to money owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
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