Terms and Conditions
1.0 TERMS AND CONDITIONS
You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us (referred to Grocer4U, Grocer4U.com, Savi Group LLC, or us). We are Grocer4U.com, a consumer website setup under Savi Group LLC, a Washington state based company.
Please read this agreement carefully. By accessing or using this website or by using any facilities or services made available through it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (see Contact Us link) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
These Terms and Conditions were most recently updated on December 5th, 2010 (version 1).
2.1 The Grocer4U service refers to any information presented to you regarding sale prices, product coupons, comparable product information, recipe, home delivery, nutritional information, or any other service made available via the Grocer4U website and will be referred to as the "Service" in this agreement.
2.2 Website refers to the Grocer4U.com website and will be referred to as "Website" or "Site" in this agreement.
2.3 Suppliers refer to any 3rd party distributor of software, links, or information that is referenced, provided, or used by our site.
2.4 Software refers to any proprietary software used by us or our affiliates to provide information services to you.
2.5 'Breach of Duty' means the breach of any obligation arising from the express or implied terms of a contract to take reasonable care, or exercise reasonable skill in the performance of the contract.
3.0 GENERAL PROVISIONS OF THE WEBSITE AND SERVICES OFFERED
3.1 Use of the Service and the Website are each subject to the terms and conditions set out in this Agreement.
3.2 To use the Website and/or the Service you must be 18 years of age or over.
3.3 The Website and the Service are directed solely at those who access the Website from the United States of America. We make no representation that the Services are available or otherwise suitable for use outside of the United States. If you choose to access the Website (or use the Service) from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 The Website and the Service are for your non-commercial, personal use only and must not be used for any commercial or business purposes. If you wish to use information from the Website or the Service for commercial purposes, please contact us at (see Contact Us link).
3.5 We reserve the right to prevent you from using the Website and the Service (or any part of them) and cancel your registration at any time.
3.6 The Service and use of the Website does not include the provision of a computer or other necessary equipment to access the Website or the Service. To use the Website or Service, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs, Supplier club membership costs, or other costs that you may incur from the use of the site or service.
3.7 We will attempt to correct any errors or omissions as soon as practical after being notified of them. However, we do not guarantee that the Service or the Website will be free of mis-information and we do not accept liability for any errors or omissions. In the event of mis-information in the Service, you should report it by email to (see Contact Us link).
3.8 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
3.9 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology and are not liable for any costs incurred by you as a result.
3.10 Although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
3.11 We assume no responsibility for the content or services of any other websites or services to or from which the Website or the Service has links, including but not limited to our Suppliers.
3.12 We assume no responsibility for functionality which is dependent on your browser or other third party software to operate the Service or Website. Although the site has been tested on various browsers, there is no guarantee made or warranted that all functionality of the service will operate correctly on all browsers.
3.13 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this agreement.
3.14 If we suspend the Service or Website for you, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
4.0 BASIC INFORMATION ABOUT THE SERVICE AND WEBSITE
4.1 The service is made available to you solely for the purpose of:
4.1.1 Communicate information about product specials
4.1.2 Communicate information regarding comparable products
4.1.3 Communicate information regarding nutritional information
4.2 If you register with us for the Service, then the Service additionally facilitates you transacting and interacting with Suppliers (provided you have also registered with the relevant Supplier). However, we will not be party to any such transactions with Suppliers. Also, all transactions and interactions with a Supplier are subject to the terms and conditions of that Supplier and you must check that you agree to (and you must then comply with) that Suppliers terms and conditions before entering into any transactions or interactions with those Suppliers. In particular (but not as an exhaustive list):
4.2.1 we shall in no circumstances have any liability whatsoever in respect of any such interaction or transaction.
4.2.2 we shall in no circumstances have any liability for any act or omission of Supplier or any other entity involved with the Supplier including any Supplier of the Supplier (other than us)
4.2.3 we will not be responsible for any loss, cost or damage incurred by any person arising out of or in relation to the interaction or transaction or attempt to enter into an interaction or transaction (including but not limited to failure to transmit or deliver any goods or services from Suppliers)
4.2.4 we will not be responsible to make the Service or Website compliant with the terms and conditions of any Supplier; if you use the Service or Website you must use those parts of the Service or Website (and must use them in a way) that ensures you comply with an Suppliers terms and conditions. We are not responsible to ensure that the functionality of the Service or Website complies with the Suppliers terms and conditions;
4.2.5 we shall in no circumstances have any liability whatsoever in respect of, or arising out of, your (or any person's) reliance on or use of a coupon.
4.3 Some of the functionality of the Service and the Website is about making comparisons across different Suppliers and/or within the same Supplier. When we compare product specials (whether across different Suppliers or within the same Supplier), although we try our best to compare any products (such as prices, Nutritional Information, etc.) honestly and fairly, we are dependent on data sourced from the Suppliers themselves. We do not warrant and we exclude all liability in respect to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or accessed via the Website or otherwise communicated to you (by email, by hard copy printout from the Website or otherwise). You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to an Suppliers information shall rest with the Supplier and that ultimately, if you buy from an Supplier, the responsibility for doing so is yours alone.
4.4 We will use reasonable means to ensure that the information relating to product specials and Supplier services, the cost and details of such goods and services, the Nutritional Information relating to products and the data on the Website and/or available through the Service is updated regularly. However, you acknowledge that the prices, Nutritional Information and other information relating to products and services are not updated on a real time basis and that it is your responsibility to verify actual prices and other details (including Nutritional Information, expiration dates on specials and coupons) with each Supplier.
4.5 Although comparisons between Suppliers are made on the Website, once you decide to interact or transact with a Supplier, you are taken by the Service onto the relevant Suppliers website (i.e. to a website separate to the Website). Please note that to use services provided on the relevant Suppliers website, you may be required to register as an authorized user on the Suppliers website. You must check that you agree to (and you must then comply with) a Suppliers terms and conditions before entering into any interactions or transactions with that Supplier. (We are not responsible to ensure that the functionality of the Service or Website complies with a Suppliers terms and conditions). Also note that any transactions involving the purchase of alcohol will be subject to the laws governing the state in which the transaction has taken place.
4.6 Please note that total savings displayed is an estimate based on information provided by the Suppliers. The service does use the most recent data provided by the Suppliers, but promotion information is subject to change.
4.7 Also note that during the course of creating your favorites list, when the service recognizes a product in your favorites list that has an comparable product with a promotion, the service will provide you with the information. However the service leaves the decision to exchange products solely up you. In the event you choose the comparable product, the service will allow you to try the product and determine if you like or dislike the product. The service will then provide to you a choice to accept or reject that selection the next time you access your favorites list after printing your current shopping list. The decision to continue buying that product by accepting the comparable product or returning to your original product by rejecting the comparable product is solely based on your decision.
4.8 In regards to the coupons that you print from the website or load to a Supplier club card, we make no warrant that any coupon will work as described. It is your responsibility to ensure that you are meeting the terms and conditions of the coupons and that there are no further restrictions on the coupon provided by any Supplier.
4.9 Certain prices shown from a Supplier may be their club price. For each of your preferred or other shopping centers that you may purchase products from, you are solely responsible for ensuring you are registered as a club member in order to obtain the club price. Becoming a club member at any Supplier in which you are purchasing products at, is the sole responsibility of you and any costs of those memberships belong solely to you.
5.0 WEBSITE USE AND YOUR OBLIGATION
5.1 Registration and use of the Grocer4U website is free. However, certain Suppliers may charge a fee for services that they supply. These charges, (like for grocery delivery) are solely the responsibility of you. Any transactions between you and any Supplier are not the responsibility of the website or service. You will always be notified ahead of time before any such services can be selected and you incur any charges from the Supplier. We do not retain or request any information about credit or debit cards and those transactions are only between you and the Supplier. You are responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and we shall have no responsibility for transmission of payments to a Supplier.
5.2 You agree to (and shall) abide by all terms and conditions in this agreement. You warrant that all information provided on registration for the Website is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in the 'My Account' section of the Website.
5.3 Furthermore, you agree not to commit or attempt to commit any of the following acts:
5.3.1 Send any information that is not civil or tasteful, which is grossly offensive, indecent, or obscene.
5.3.2 Send any information that violates copyright, rights of personality, publicity, or privacy of any person related to the service or any of our Suppliers.
5.3.3 Cause any annoyance, inconvenience, or interruption of any communication provided by the service or website.
5.3.4 Intercept or attempt to intercept any communications between the service and any member of the website.
5.3.5 Use the service in a manner not designed by the service or use the service in a fraudulent manner (including not using coupons as specified in the terms and conditions of the coupon or modifying coupons).
5.3.6 Use the website or service in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
5.3.7 Furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers with any Supplier.
5.3.8 Attempt to bypass any security protocols put in place by the service or website for the purpose of obtaining information not intended for you, logging into a server or account that you are not authorized to use, or probing the security of other networks (such as running a port scan),
5.3.9 Accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our computing infrastructure,
5.3.10 Executing any form of network monitoring which will intercept data not intended for you;
5.3.11 Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts.
5.3.12 Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
5.3.13 Sending malicious e-mail, including flooding a user or site with very large or numerous e-mails.
5.3.14 Entering into fraudulent interactions or transactions with us or our Suppliers (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party).
6.0 WEBSITE AND SERVICE REGISTRATION
6.1 Registering for the website and its associated services, you will be entitled to:
6.1.1 Create and store on the website server a list of items that you want to buy and that list will be located and maintained by the site in your “My Favorites” list.
6.1.2 Allow you to print your shopping list and any associated coupons for items in your “My Shopping List”.
6.1.3 View weekly product specials from Suppliers and comparison shop items that may have comparable items that are less, view and select comparable products that are on special.
6.2 To register, you need to provide to us your email address, password, zipcode, and select your favorite shopping stores based on those stores located within and around your zipcode.
6.3 You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your e-mail address or any breach of security known to you.
6.4 You agree that any person to whom you disclose your email and password is authorized to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
6.5 All registration accounts must be registered with a valid personal email address that you access regularly so that pertinent emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
6.6 We reserve the right to close registration accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts.
6.7 If you use multiple logins for the purpose of disrupting or annoying other users or the service you may have action taken against all of your accounts.
7.0 INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us, Software and all the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and Software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
7.2 None of the items listed in Clause 4.1 may be reproduced or redistributed without our prior written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
7.3 All rights of the Grocer4U name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners. Title, ownership rights and intellectual property rights regarding the content accessed using the Service is the property of the applicable content owner or website and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
7.4 We expressly reserve the rights to use, copy, modify, adapt, translate, publish and distribute world-wide any testimonials you may provide to us about the Website, the Services or us and we may use your first name and general location appended to the testimonial.
7.5 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you (including, without limitation, comments posted by you); or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
7.6 We (and our Suppliers) grant you a non-exclusive, revocable, non-transferable licence to use the Software through the Website for the purpose of using the Service. Using the Service and our Software allows you to obtain information held on our Website or from the websites of Suppliers. When you use the Service, you may cause our Software to send a request to the third party providers for information regarding goods and/or services. You acknowledge and agree that when you access and collect information from the supplier sites using our Software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our Service and Software available to you by which you may access supplier sites.
8.1 This agreement shall be immediately terminated by us provided that we find any misuse of the site by you:
8.1.1 if you commit a breach of any of the terms and conditions set forth in this agreement,
8.1.2 we suspect on reasonable grounds that you have committed fraud against us or our Suppliers providing information to the website,
8.1.3 we suspect that you have attempted to disrupt the service.
9.1 You shall indemnify us against any and all losses, liability or cost incurred by you through the use of our service, any claims or legal proceedings arising from your use of the Service, use of the Service or Website through your password which are brought or threatened against us by any person, or any breach of this Agreement by you.
10.0 STANDARD OF SERVICE AND LIMITATION OF LIABILITY
10.1 In performing any obligation under this Agreement, our only duty is to exercise reasonable care and skill and we warrant that we use such reasonable care and skill.
10.2 This Clause 10 prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
10.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
10.3 We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information (including, without limitation, Nutritional, sale or coupon information) accessed using the Service or Website or otherwise; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
10.4 We do not warrant that use of any functionality of the Service or Website complies with any Suppliers terms and conditions and we exclude all Liability in respect of your use of any functionality of the Service or Website which may put you in breach of those terms and conditions.
10.5 We do not accept and hereby exclude any Liability for loss of or damage to your (or any person's) tangible property other than that caused by our Breach of Duty.
10.6 Our Liability for loss of or damage to your (or another person's) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement shall in no circumstances exceed, in aggregate, a sum equal to $1.00 (one US dollar). Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 As provided in Clause 10.2, we shall have no Liability for:
10.8.1 Loss of anticipated savings;
10.8.2 Loss of, damage to or corruption of data;
10.8.3 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. Clauses 10.1 to 10.8.3 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 The limitation of Liability under Clause 10.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.10 For all of clause 10 and its sub-clauses, 'Liability' means liability in or for breach of contract, Breach of Duty, misrepresentation , restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to 'this Agreement' shall be deemed to include any collateral contract).
11.0 DATA SECURITY
12.1 Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
12.2 Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
12.3 You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
12.4 We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
12.6 No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
12.7 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
12.8 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail (see Contact Us link).
12.9 This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with U.S. law and both parties hereby submit to the exclusive jurisdiction of the U.S. courts.
13.1 Grocer4u.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.