Last Updated: October 17, 2011
ZipGrocery.Com
Terms of Use
This Agreement (the "Agreement") is a legal agreement between you and Zip Grocery LLC ("ZipGrocery", “we”, “us”, “our”) that states the terms of use of the ZipGrocery website, www.zipgrocery.com (the “Site”), and the information, documents, reports, data and features that may be offered to you through the Site (collectively, the “Content”) or the services provided through the site (as more fully described in paragraph 1 below, the “Services”). By using this Site you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the Site.
1. The Services
ZipGrocery offers authorized users of the Site (our “customers”) an online shopping and delivery service.
A. Grocery Shopping and Delivery Service
ZipGrocery's employees, agents or designees will shop and deliver grocery orders placed on the Site in accordance with the following.
i. Delivery: Delivery will be made to one of the delivery addresses that you specify when you create your account. If you specified multiple addresses in your account, you’ll be prompted to chose a single delivery address during your order creation. You are responsible for ensuring that someone (a person 21 years of age or older with appropriate identification if delivery includes alcohol) is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If ZipGrocery cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you may be assessed an additional fee. ZipGrocery's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
ii. Prices: Prices of products sold online may differ from those sold in-store at participating merchants. Prices for products you place in your cart will be guaranteed as long as your order is delivered within 7 calendar days from the day you originally place your order. After 7 days, prices will be adjusted to reflect current prices. Payment for groceries and associated shopping and delivery fees is due at the time of delivery.
iii. Returns: If you are not satisfied with an item purchased due to spoilage or lack of freshness, we will exchange the product or issue a credit within the following time frames: fresh food Items, within 24 hours of delivery, and packaged food and house-ware products, within 7 days of purchase. To receive an exchange or store credit you must return the product with which you are dissatisfied. The returned items will be credited towards your next ZipGrocery order or refunded to your selected method of payment.
iv. Unattended Delivery: In some areas, you may choose to receive your ZipGrocery order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing alcoholic products cannot be left unattended under any circumstances. ZipGrocery is not responsible, and you agree not to hold ZipGrocery or its employees responsible, for any damage or theft that occurs to an unattended delivery. ZipGrocery reserves the right to refuse to leave an order unattended if the ZipGrocery delivery person considers the circumstances to be unsuitable or unsafe for any reason.
B. Purchase of Tobacco Products and/or Alcoholic Beverages using the Site
ZipGrocery strictly complies with all state and federal laws regarding the delivery of alcohol and tobacco products. By using the Site to purchase alcohol and/or tobacco products, you acknowledge and agree:
i. That United States Federal and State laws require that purchasers of tobacco products be at least eighteen (18) years of age and that purchasers of alcoholic beverages be at least twenty one (21) years of age, and that tobacco products may only be delivered to individuals who are eighteen (18) years of age or older and alcoholic beverages may only be delivered to individuals who are twenty one (21) years of age or older;
ii. That if you are purchasing tobacco products, you are eighteen (18) years of age or older and if you are purchasing alcoholic beverages, you are twenty one (21) years of age or older;
iii. To provide valid government-issued photo identification at the time you accept delivery of tobacco products and/or alcoholic beverages;
iv. That, without limiting anything set forth in this Agreement, you shall indemnify and hold harmless ZipGrocery for, from and against any and all claims, demands, losses, costs and expenses (including investigations and reasonable attorneys’ fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to the purchase, delivery of or consumption of tobacco products or alcoholic beverages.
You are responsible for ensuring that at the time of delivery a person eighteen (18) years of age or older with respect to tobacco products and twenty one (21) years of age or older with respect to alcoholic beverages, is present at the delivery address to present valid identification, accept delivery of and pay for any tobacco products and alcoholic beverages. ZipGrocery will not deliver any tobacco products or alcoholic beverages to any customer who cannot provide valid government-issued identification at the time of delivery. If any customer is visibly intoxicated or if the delivery person suspects that tobacco products or alcoholic beverages are intended for anyone who is not of the legal age to consume such products, the delivery person may remove these items from the order.
C. Third Party Websites
ZipGrocery may include hyperlinks on the Site to websites that are not owned or operated by ZipGrocery. Such websites may be included on the Site as a convenience for you or as a part of a contest, promotion or other marketing scheme. We have not tested or verified the content provided on any such website, and we do not endorse, warrant or assume any responsibility or liability related to your use of any such website. If you choose to use these links to gain access to such other websites, you are urged to review the conditions of use of such websites and to use such websites at your own risk and discretion. You acknowledge that such other websites are not under the control of ZipGrocery and you agree that we will not be responsible for the content or links found on any such website, nor for the use of any information that you provide to any such websites.
2. Property Rights
A. Copyright
All content on ZipGrocery.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of ZipGrocery © 2011. ZipGrocery authorizes you to view, electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with ZipGrocery for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on the Site, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of ZipGrocery is strictly prohibited. ZipGrocery reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from ZipGrocery.
B. Trademarks
“ZipGrocery”, “zipgrocery.com”, “Fast, Local, Green” all ZipGrocery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of ZipGrocery or otherwise proprietary to ZipGrocery and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners.
3. Your Account
You agree that you will provide ZipGrocery with accurate and complete information when you register for an account with us, including but not limited to, your legal name, billing and delivery address, telephone number (collectively, your “Customer Data”), as well as correct and accurate information related to your method of payment, including, as applicable to your order, your credit card number, expiration date and security code, or other information provided to use any other payment method provided by the Site. You will promptly notify ZipGrocery of any change in your Customer Data by modifying the “My Account” section of the Site. You should keep your log-in information strictly confidential, and you agree to notify ZipGrocery immediately (please see “Contact Us” below) if you suspect that any aspect of your use of your account or the Site has been compromised. Until you notify ZipGrocery that you suspect your account has been compromised, you remain responsible for any misuse of this information or of the Site. ZipGrocery does not store credit card numbers.
4. Changes in Agreement, Fee Schedule or ZipGrocery Service
Information regarding product availability contained on the Site has been provided by third-party vendors. ZipGrocery will attempt to ensure that all products listed as available on the Site are available and that all out-of-stock items are clearly marked or removed from the inventory. However, product availability is subject to change without notice. In the instance of such change, you will not be charged for items that cannot be added to your order. If you become aware that the Site contains inaccurate product information, please contact us. ZipGrocery may at any time change terms of this Agreement or prices, including, but not limited to, the amount of, or basis for determining, any fees or charges for the services provided by us. If ZipGrocery makes material changes to this Agreement or changes to prices, ZipGrocery will provide notice to you in a manner provided in this Agreement. Your use of the Site after any such change will be conclusively deemed acceptance of such change. Prices of any items are subject to change without notice. You will be charged the price then in effect at the time you checkout unless the incorrect price is the result of a software problem and is materially different from the correct price as provided to the Site by the applicable merchant. In such instance, you will be notified that your order contained materially incorrect prices and that your bill will be revised to reflect the correct prices. You reserve the right to cancel such orders at no cost to you. We reserve the right to correct online pricing errors.
5. Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIPGROCERY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS, AN ERROR-FREE UNINTERRUPTED SERVICES, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVER THAT MAKES THE SITE AVAILABLE TO YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT ZIPGROCERY, ASSUME ALL NECESSARY SERVICING, REPAIR OR CORRECTION COSTS TO ANY OF YOUR PERSONAL PROPERTY RELATED TO YOUR USE OF THE SITE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES, ALL CONTENT ON THE SITE, OR ON ANY OTHER WEBSITE THAT IS ACCESSED BY HYPERLINK, AND ALL SERVICES AND OPERATIONS PROVIDED BY THE SITE OR ANY SUCH OTHER LINKED SITE ARE REPRESENTED AND WARRANTED ONLY TO THE MINIMUM EXTENT REQUIRED BY LAW. YOUR USE OF ZIPGROCERY, THE SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK.
BY USING THE SITE YOU AGREE THAT NEITHER ZIPGROCERY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, MERCHANTS OR THIRD-PARTY VENDORS (COLLECTIVELY, THE “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND (WHETHER IN CONTRACT OR IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE ZIPGROCERY, THE SITE, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH ZIPGROCERY. ZIPGROCERY'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY ZIPGROCERY AND RETURNED BY YOU.
ZipGrocery provides the Site, the Content and Services for lawful purposes only. ZipGrocery controls and operates the Site from Hoboken, New Jersey, USA and makes no representation that the Site is appropriate or available for use in other locations. If you use the Site from any other location, you are responsible for compliance with all applicable laws.
6. Indemnification
You agree to defend, indemnify and hold ZipGrocery and its affiliates, partners, employees and agents harmless from and against any claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account or your use of the Site and its Content.
7. Modification; Termination
ZipGrocery may at any time or for any reason, and with or without prior notice to you, suspend or terminate your access to your account and your use of the Site or the Services. You may terminate your account at any time for any reason by deactivating your account through the “My Account” section of the Site. If you terminate your account for any reason, you will not be entitled to a refund of any fees. ZipGrocery reserves the right to collect any fees and charges incurred before you cancelled your account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
8. Force Majeure
Neither we nor any of our Affiliates are liable for any loss caused directly or indirectly by any non-performance as a result of events beyond our control, including natural disasters, acts of God, war, terrorism, actions or decrees of government authorities, exchange or market rulings, changes in law, failure of methods of communication, equipment failures, unauthorized access or theft (each a “Force Majeure Event”). The obligations of ZipGrocery will be suspended for the duration of any Force Majeure Event.
9. Notices and Changes to this Agreement
ZipGrocery may give notice to you of a change in this Agreement or any other matter by general posting an updated Terms of Use agreement or other information on the Site, by electronic mail, or by conventional mail to your address contained in your account.
10. Contact Us
You may contact us for any reason by emailing us at customerservice@zipgrocery.com.
11. Miscellaneous
A. Entire Agreement
This Agreement represents your entire agreement and understanding with ZipGrocery regarding the use of the Site and the Services, and supersedes any other agreements, whether oral or written, between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective unless the same is in writing and signed by the President of ZipGrocery.
B. No Waivers
The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
C. Governing Law
This Agreement shall be governed by the laws of the State of New Jersey without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with ZipGrocery or its Associates or relating in any way to your use of the Site, the Content or the Services resides in the courts of New Jersey, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New Jersey in connection with any such dispute. All rights and remedies provided in this Agreement are cumulative and not exclusive of other rights or remedies which we otherwise have under law or equity. This Agreement is binding on you, your executors, heirs, successors and assigns.
D. Limitation on Action
Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
