XXXXXXXX TERMS AND CONDICTIONS

October 4, 2021

XXXXXXXX TERMS AND CONDICTIONS

These Terms & Conditions constitute a legal agreement between you (the “user,” “buyer,” or “vendor,”) and XXXXXXXX (“the Company”, “we,” “our” or “us”) concerning your access to and use of the XXXXXXXX App (“the App) and other related services.  

By accessing or using the App or the content provided on or through the App, you agree to follow and be bound by the Terms & Conditions and our Privacy Policy. 

Similarly, by clicking the “Register” button when registering an account or using the App and/or the related services, you acknowledge that you have read and understood the Terms & Conditions and agree to be bound by them and to comply with all applicable laws and regulations. 

Definitions 

In these Terms and Conditions, the following terms shall have the following meanings, except where the context otherwise requires:

“Account” means the user account created by users of the App as part of Registration;

“Privacy Policy” means the policy accessible on our App which details how we treat your personal data;

“Goods” refers to any goods offered for sale through the App;

“Users” means users of the App, including customers and vendors.

“Vendor” means third party shoppers that have agreed to offer the Goods through the App;

Services 

The XXXXXXXX App is an e-grocery platform providing grocery delivery services. The App creates an online marketplace where people can fully customized custom cart for goods of any quantity and from any vendor or store. Therefore, the App connects customers to different vendors.

Accounts

You will be required to register an account in order to access the App. Accordingly, you must complete the registration process by providing us with current, complete and accurate information about yourself as prompted by the applicable registration form. 

You agree to use the App in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-terrorism financing.

In addition, you will be prompted to choose a username and password for your Account. As a user, it is your responsibility to maintain the confidentiality of your account details and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. 

Using your Account, you will be able to control most communications and activities. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. 

Your status

By accessing or using the App or the content provided on or through the App, you warrant that:

  1. You are legally capable of entering into binding contracts; 
  2. Yare at least the age of majority;
  3.  You are not resident in a jurisdiction where making a payment to our App, in line with these terms and conditions would breach any laws in that jurisdiction.

Use of the App 

Subject to these Terms and Conditions, the Privacy Policy and all other applicable laws and regulations, we hereby grant you a non-exclusive, non-transferable, limited license to access, view and use the App and the content therein which we will allow you access from time to time. 

Please note that the licence does not amount to a transfer of title to the App, neither does the authorization allow you to modify, reproduce, copy or reproduce the App and its contents for commercial purposes. Requests for permission to reproduce any information contained on the App should be sought expressly from the Company.

XXXXXXXX Service Fees

XXXXXXXX will charge a convenience fee to both customers and vendors, as follows:

  1. Customers will pay a base delivery fee is $9.99 for goods delivered by the first vendor. An additional cost of $3 will be charged for any additional vendor added by the customer. 
  2. In addition, customers will be charged 2% card fee on the Total amount to be paid to the vendor on each purchase.
  3. XXXXXXXX will deduct 10% of the delivery fee amount from the vendor.

All the amounts mentioned are in Australian Dollar (AUD)

Charges paid by you for completed and delivered orders are final and non-refundable. XXXXXXXX has no obligation to provide refunds or credits, but may grant them, in each case in XXXXXXXX’s sole discretion.

We may change the fees for our Services as we deem necessary or appropriate for our business.

Goods 

Vendors shall provide XXXXXXXX with accurate descriptions, specifications and prices of goods for the vendor’s catalogues.

The following items shall be excluded from the App and no vendor shall be allowed to include them in their respective catalogues:

  1. Pre-ordered or made-to-order items, such as: Deli sandwiches or hamburgers;
  2. Gift cards;
  3. Live animals, including feeder animals for pets;
  4. Appliances;
  5. Any electronics and electronic peripherals;
  6. Furniture;
  7. Tobacco;
  8. Holiday trees;
  9. Postage stamps;
  10. Currency;
  11. Photos;
  12. Prescription drugs; and 
  13. Liquor.

Prices and Payment

All contracts for the supply of goods shall be between customers and vendors. 

Customers warrant that the credit or debit card details they provide are for their own credit or debit card and that you have sufficient funds to make the payment. Upon placing of an order for delivery of goods, XXXXXXXX will pre-authorize the amount payable from the customer’s debit or credit card. The amounts payable in respect of the delivery of goods will however be charged upon delivery of the goods to the customer.

All prices listed on the App are correct at the time of publication; however, we reserve the right to alter these in the future. 

If a Customer chooses online mode of payment, the customer must pay for their order before the goods are delivered. To ensure that shopping online is secure, your debit or credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. 

Vendors will bear the costs associated with the preparation and delivery of any and all goods.

Delivery and cancellation 

Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address stated by the customer when placing their order.

XXXXXXXX cannot be held responsible for any late deliveries as that is the sole responsibility of the vendor. 

If the customer fails to accept delivery of goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to the customer’s failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to the customer and all risk and responsibility in relation to such goods shall pass to the customer.

In the event a customer opts to cancel their order at any time before delivery of goods, a cancellation fee will be charged. 

We may cancel a contract if the goods are not available for any reason. We will notify you if this is the case and return any payment that you have made. 

Reviews

After goods are delivered to a customer, the customer will be given the option to complete a review of the vendor (“Review”). Customers are solely responsible for the content of any Review they provide. 

Customers must ensure that all Reviews they submit do not contain any unlawful or inappropriate content. 

Prohibitions 

You agree and understand that the App will not at any time be used for any of the following restricted purposes:

  1. Impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
  2. Cause nuisance, annoyance or inconvenience;
  3. Copy or distribute the Software or any content displayed through the Services for republication in any format or media.
  4. Violate any law or regulations including those related to obscenity or computer use or access;
  5. Engage in any acts of fraud or misrepresentation;
  6. Provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
  7. Interfere with the operations of the App;
  8. Infringe or violate the rights of any person, including the right to privacy and intellectual property rights;
  9. Allow unauthorized persons to access or use the App on any electronic device;
  10. Distribute any computer viruses, worms, Trojan horses or other elements destructive to the App, hardware or software of the Company and other users; or
  11. Attempt to decrypt any encrypted or scrambled communications. 

 

Relationship between you and XXXXXXXX

You understand and agree that XXXXXXXX provides a technology platform connecting independent vendors to customers. You acknowledge and agree that XXXXXXXX does not itself sell goods or offer delivery services, and has no responsibility or liability for the acts or omissions of any vendor or customer. 

XXXXXXXX is not the retailer of any goods offered by any vendor, nor is it in the delivery business or a common carrier. Vendors shall be responsible for declaration and payment of taxes in relation to sale of goods through the App. 

Intellectual Property 

You acknowledge and agree that the App is subject to intellectual property such as copyright, trademark and patent. The App, its material and Technology anywhere in the world belong to us or our licensors. Rights in the App are licensed (not sold) to you, and you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the Terms & Conditions. Nothing in the Terms gives you a right to use the App name or any of the Company’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. 

You also acknowledge that you have no right to have access to the App in source-code form.

XXXXXXXX Privacy Policy

Our Privacy Policy sets out, among other things, our data collection, retention, use and disclosure practices.  Please read the Privacy Policy to understand how your information is treated. 

Indemnity and limitation of liability 

Your access to and use of the App or any material therein are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. 

We DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We also make no warranty or representation and disclaim all responsibility and liability for the following:

  1. The completeness, accuracy, availability, timeliness, security or reliability of the vendors; 
  2. The fitness for purpose of any goods purchased through the App;
  3. Incorrect or inaccurate information;
  4. Unauthorized access to or disclosure of user transmissions or data;
  5. Statements or conduct, physical or otherwise, of vendors or any third parties; and 
  6. Availability of the App on an uninterrupted, secure, or error-free basis. 

To the maximum extent permitted in Law, we shall not accept liability for any direct or indirect damages, loss of profits or revenues resulting from your access or use of the App. 

Termination 

The Company may terminate your access to the App or other services without any prior notice to you if:

  1. You use your Account for unauthorized purposes or where we detect any abuse/misuse, fraud or attempted fraud relating to your use of the App;
  2. If we are directed to do so pursuant to an order or instruction of or a recommendation from the Government, court, regulator or other competent authority;
  3. If you violate the intellectual property rights of the Company or other users such as content created or shared through the App; 
  4. If the Company reasonably suspects or believes that you are in breach of these Terms and Conditions, which you fail to remedy (if remediable) within seven (7) days after the service of notice by email, or other electronic means requiring you to do so;
  5. In the event such a termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the App from time to time; where your Account becomes inactive or dormant; 
  6. If the Company decides to suspend or cease the provision of the App for any reason as it may determine in its absolute discretion. 

If we terminate your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties, if applicable.

 

Dispute resolution

We shall endeavor to assist our customers and vendors in settling all and any differences or disputes arising from their use of the App, in an amicable manner. To this end, we shall employ mediation, negotiation, conciliation and arbitration in resolving disputes arising out of the use of the App. Please note that XXXXXXXX is not obligated to provide dispute resolution services to customers or vendors. 

Governing Law

This Agreement shall be governed by the laws of Australia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction located in Australia. 

Miscellaneous

Third parties. This Agreement does not give rights to any third parties. You may not assign or attempt to assign your rights and obligations without our express consent.

Severability. If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Amendment. The Company reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of or access to the App following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Entire Agreement. These Terms & Conditions, the Privacy Policy and any other policies constitute the entire agreement between the Company and you and supersede any previous oral, written or electronic communications or documents with respect to the App. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Get in touch

If you have any concerns or questions regarding these Terms & Conditions, please contact us at [e-mail]

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