Welcome to FoodStore2Go's Terms and Agreement Section. Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and FoodStore2Go Inc. ("FoodStore2Go") that states the terms and conditions under which you may receive the FoodStore2Go service and use www.FoodStore2Go.com. If you use the FoodStore2Go's service or www.FoodStore2Go.com, you agree to these terms and conditions.
- FoodStore2Go's Delivery Service and Website. The FoodStore2Go service is a transaction, information and communication service available to authorized users ("customers") who access www.FoodStore2Go.com. FoodStore2Go currently provides an online grocery shopping and delivery service, and may in the future, provide additional shopping and related services.
- Grocery Shopping and Delivery Service. FoodStore2Go's employees, agents or designees will shop and deliver grocery orders placed with FoodStore2Go. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of order. If you are not satisfied for any reason with an item purchased through FoodStore2Go, you may return it and it will be credited against your next FoodStore2Go order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product.
Local Deliveries: You are responsible for ensuring that someone is present at the delivery address to receive and sign 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 sign for the order. If FoodStore2Go 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 will be assessed an additional fee. FoodStore2Go's liability for missing a delivery time is limited to delivery at a later agreed time at no additional charge.
Vacationers: Your order will be left unattended in your rented condo/house. FoodStore2Go is not responsible, and you agree not to hold FoodStore2Go or its employees responsible, for any damage or theft that occurs to an unattended delivery. FoodStore2Go reserves the right to refuse to leave an order unattended if the FoodStore2Go Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason. FoodStore2Go's liability for missing a delivery time is limited to delivery at a later agreed time at no additional charge.
- Third Party Information Providers and Merchants. The FoodStore2Go service may permit you to order and receive products from businesses that are not owned or operated by FoodStore2Go. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise ordered or received from such businesses are solely between you and such businesses. FoodStore2Go does not endorse, warrant or assume any responsibility or liability for such products including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the FoodStore2Go service.
Your Member Account. All content on FoodStore2Go.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of FoodStore2Go 2011, FoodStore2Go, Inc. ALL RIGHTS RESERVED, or its content providers. FoodStore2Go authorizes you to view, electronically copy and to print in hard copy portions of FoodStore2Go.com for the sole purpose of placing an order with FoodStore2Go, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on FoodStore2Go.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of FoodStore2Go is strictly prohibited. FoodStore2Go reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from FoodStore2Go.
Property Rights - www.FoodStore2Go.com and FoodStore2Go.
- Copyright: All content on FoodStore2Go.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of FoodStore2Go 2011, FoodStore2Go, Inc. ALL RIGHTS RESERVED, or its content providers. FoodStore2Go authorizes you to view, electronically copy and to print in hard copy portions of FoodStore2Go.com for the sole purpose of placing an order with FoodStore2Go, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on FoodStore2Go.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of FoodStore2Go is strictly prohibited. FoodStore2Go reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from FoodStore2Go.
- Trademarks: All FoodStore2Go logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of FoodStore2Go or otherwise proprietary to FoodStore2Go 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 FoodStore2Go.com are the property of their respective owners.
Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current FoodStore2Go fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the FoodStore2Go fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), FoodStore2Go may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that FoodStore2Go, Inc. may incur in its efforts to collect any unpaid balances from you. FoodStore2Go reserves the right to establish a credit limit for your account. Your right to use the FoodStore2Go service is also subject to limits established by your credit card issuer.
Unauthorized or Fraudulent Use.FoodStore2Go does not offer the FoodStore2Go Service to children. By registering for the FoodStore2Go Service, you warrant that you are at least 18 years old. If you are under 18, you may not use the FoodStore2Go Service. From time to time, FoodStore2Go may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and FoodStore2Go reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
Changes in Agreement, Fee Schedule or FoodStore2Go Service.FoodStore2Go may at any time change any of the terms of this Agreement or the FoodStore2Go fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the FoodStore2Go service. If FoodStore2Go makes material changes to this Agreement or changes to the FoodStore2Go fee schedule, FoodStore2Go will provide notice to you in a manner provided in this Agreement. Your use of the FoodStore2Go service after any such change will be conclusively deemed acceptance of such change. FoodStore2Go may discontinue or revise any or all aspects of the FoodStore2Go service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your FoodStore2Go Service and terminate this Agreement.
- Termination. FoodStore2Go may suspend or terminate your access to the FoodStore2Go service at any time for any reason with or without notice to you. You may terminate your FoodStore2Go service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your FoodStore2Go Service for any reason, you will not be entitled to a refund of any fees. FoodStore2Go reserves the right to collect fees and charges incurred before you cancel your FoodStore2Go Service.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE FOODSTORE2GO SERVICE, WWW.FOODSTORE2GO.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FOODSTORE2GO SERVICE, WWW.FOODSTORE2GO.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODSTORE2GO, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOODSTORE2GO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY WWW.FOODSTORE2GO.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WWW.FOODSTORE2GO.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FOODSTORE2GO NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE FOODSTORE2GO SERVICE, WWW.FOODSTORE2GO.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH FOODSTORE2GO. FOODSTORE2GO'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY FOODSTORE2GO AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material on www.FoodStore2Go.com is provided for lawful purposes only. FoodStore2Go, Inc. controls and operates www.FoodStore2Go.com from its headquarters in Nassau Bahamas and makes no representation that these materials are appropriate or available for use in other locations. If you use www.FoodStore2Go.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification.You agree to defend, indemnify and hold FoodStore2Go and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Privacy and Security.
- FoodStore2Go may use aggregated information regarding its customers and usage of the FoodStore2Go service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. FoodStore2Go may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. FoodStore2Go may use or disclose personal information when FoodStore2Go believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of FoodStore2Go or its users or to comply with the law.
You may at any time review and change your personal information stored by FoodStore2Go.com by accessing the My Account page at FoodStore2Go.com. You may also request that FoodStore2Go permanently remove all personal information stored by FoodStore2Go at any time by delivering notice requesting such removal. Upon such request, FoodStore2Go will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your FoodStore2Go Service. At FoodStore2Go, we want you to feel safe while shopping with us. That's why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.
- Legal and Miscellaneous .
- This Agreement states your entire agreement with FoodStore2Go regarding the use of the FoodStore2Go Service and www.FoodStore2Go.com. 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.
- 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.
- This Agreement shall be governed by the laws of the Bahamas without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with FoodStore2Go, Inc. or its Associates or relating in any way to your use of FoodStore2Go or www.FoodStore2Go.com resides in the courts of The Bahamas, and you further consent and agree to personal jurisdiction by the courts sitting in The Bahamas in connection with any such dispute.
- d. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of FoodStore2Go and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your FoodStore2Go service.
- Notices.FoodStore2Go may give notice to you of a change in this Agreement, a change in the FoodStore2Go Fee Schedule, and any other matter by general posting on www.FoodStore2Go.com, by electronic mail. You may give notice to FoodStore2Go by telephone (242-577-3663 (242-557-FOOD)) or by electronic mail (visit Contact Us on www.FoodStore2Go.com).
If you have any questions about this agreement, please call us at 242-577-3663 (242-557-FOOD) or
email us at info@FoodStore2Go.com