This Customer Agreement (the "Agreement") is an agreement between you and FreshGoGo, Inc. or its affiliates ("FreshGoGo") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive FreshGoGo service, which includes processing and arranging for delivery of product orders (the "FreshGoGo Service"). For the purpose of this Agreement, "you" and "your" shall refer to the individual who wishes to use the FreshGoGo Service. You must be 18 years of age or older and have the legal authority to enter into this Agreement. By (i) your submission of an order online or via App; (ii) your acceptance of this Agreement electronically during registration for the FreshGoGo Service; (iii) your use of FreshGoGo Platform, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the FreshGoGo Service at the time of order will be treated as part of this Agreement. If you do not agree with all of the terms and conditions, do not use the Platform or the FreshGoGo Service.
1. FreshGoGo Service - Managing Your Orders
1.1. Ordering through the Platform. FreshGoGo Service allows you to place a fresh grocery order (the "Order") during weekdays and receive delivery to a designated FreshGoGo Pickup Location (the "Pick-up Location") on the weekends. To receive a delivery of the order(s) on time, you order(s) must be received before 10pm (EST) each Friday for Saturday delivery and before 10pm (EST) each Saturday for Sunday delivery (each being an Order "Cutoff Time") see Delivery of Products below for details). Available Pick-up Locations, date and time windows and associated delivery fees and promotions (if applicable) will be shown during the ordering process. If you wish to make a change to your order, you must complete the change before the Order Cutoff Time. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. You may cancel orders via the "Order" section of the Platform.
1.2. Price, Availability and Substitutions. FreshGoGo is committed to provide you with great prices and high quality products. The products’ name, unit price and unit quantity at your time of order are listed on our Platform. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions; otherwise, we will cancel the item and refund to you the paid price of the item. If you're not happy with the substitution, please email us at service@FreshGoGo.net. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and your payment method will not be charged.
1.3. Delivery Fee. A delivery fee may be added to your order where it is applicable.
1.4. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
1.5. Cancellations. Cancellation of orders after the required Cutoff Time will result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items plus (b) 25% of the total dollar amount of your nonperishable items.
1.6. Failure of timely pick up. After your order is delivered to the Pick-up Location you chose at the time of the order, you will be notified and will have one hour to pick up the order from such Pick-up Location. You understand and agree that Pick-up Location provides limited hours of service to FreshGoGo customers; therefore, if you missed the first one hour pick up period, you will be subject to a Late Pick-up Fee for one additional hour to pick up and if you do not pick up your order from the Pick-up Location within two (2) hours upon the delivery of your order, your order will be cancelled and you will be subject to the cancellation policy set forth in section 1.4 above.
1.7. Return Policy. Please immediately check the quality and quantity of the items you order after you pick up the order from the Pick-up Location. If you feel there is any quality issue with the items you order, please immediately contact FreshGoGo customer service within three (3) hours of the pick-up. To contact FreshGoGo, please go to "Order" section in FreshGoGo App and click "Apply for Refund" to process your request. Please take a picture of the affected item and send the picture to us for verification purpose. No refund or return will be honored if you fail to notify us within three (3) hours. Please note, we only honor return or exchange for items with quality issues, NO RETURN OR EXCHANGE OF ITEMS WITH NO QUALITY ISSUE(S) WILL BE ALLOWED.
2.1. Card Authorization and Estimated Costs. You must have a credit card or debit card ("Card") on file with FreshGoGo in order to place an order on the Platform. Your Card will be charged for your order on the day your place the order. FreshGoGo will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, FreshGoGo reserves the right to collect funds for any uncollected transaction charges or fees owed to it. If you fail to pay any fees or charges when due, including but not limited to rejected electronic payments, late pick-up fees or restocking fees, FreshGoGo may charge such amount directly to the Card identified in your Customer Account and FreshGoGo may suspend or terminate your access to the FreshGoGo Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that FreshGoGo may incur in its efforts to collect any unpaid balances from you. Your right to use the FreshGoGo Service is subject to limits established by FreshGoGo and/or by your Card issuer.
2.2 Third party payment platform. FreshGoGo may support the checkout using the third party payment platform. Customer must comply with any applicable terms and conditions of such third party payment platform.
3. FreshGoGo Service - Delivery
3.1. Delivery of Products. FreshGoGo uses refrigerated trucks with freezer compartments and secured paper box with ice packs (where applicable) to maintain the quality and integrity of your products. To maintain the integrity of products, we recommend that you immediately pick up your order from the Pick-up Location once you are notified and immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer.
3.2. Pickup Requirements. To add flexibility to your schedule, FreshGoGo will deliver your package at the nearby FreshGoGo Pickup Location which you chose at the time of the order. You will be notified when your order is one the way and when it is delivered at the Pickup Location and ready for pick up. You will have one hour from the time of delivery to pick up your order. Please note that the Pickup Location provides limited hours of service to FreshGoGo customers; therefore, if you missed the first one hour pickup period, you will be subject to a Late Pick-up Fee for one additional hour to pick up your order. If for any reason, you do not pick up your order from the Pickup Location within two (2) hours upon the delivery of your order, your order will be cancelled and you will be subject to the cancellation policy set forth in section 1.4 above.
3.3. Invoices. You will receive an email invoice after your order is received and accepted.. All of your order invoices are available in the "Order" section of our Platform. If something is missing from your order, please contact our Customer Service department via our e-mail, phone number or Wechat.
3.4. Unforeseen Delivery Complications. In the case of unforeseen delivery complications, such as inclement weather or heavy traffic, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend or delay chosen drop-off dates and times to the Pickup Location. In such case, our customer service representative may call or e-mail you to let you know the status of your delivery time and arrange an alternative delivery.
4. Access to the FreshGoGo Service
4.1. ID Number and Passwords. You will need to create an account with user name and a password in order to access the FreshGoGo Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the FreshGoGo Service with your password. You agree to notify FreshGoGo promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or FreshGoGo Service until you notify FreshGoGo.
4.2. Your Account. 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 account to access the FreshGoGo Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to FreshGoGo, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
B. FreshGoGo maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that FreshGoGo may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of the Platform and the FreshGoGo Service.
C. You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to FreshGoGo may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.
5. Warranty Disclaimer; Limitation of Liability; Indemnification
5.1. YOU EXPRESSLY AGREE THAT THE USE OF THE FRESHGOGO SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FRESHGOGO SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FRESHGOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FRESHGOGO SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FRESHGOGO SERVICE; FRESHGOGO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FRESHGOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE FRESHGOGO SERVICES. FRESHGOGO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
5.2. NEITHER FRESHGOGO NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FRESHGOGO PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE FRESHGOGO SERVICE, OR THE INTERNET. FRESHGOGO'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FRESHGOGO SERVICE AND TO TERMINATE THIS AGREEMENT. FRESHGOGO RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5.3. The material in the Platform is provided for lawful purposes only. FreshGoGo operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
5.4. You agree to defend, indemnify, and hold FreshGoGo Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
6. General Terms
6.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. FreshGoGo may suspend or terminate this Agreement or the FreshGoGo Service or remove or disable access to any portion of the FreshGoGo Service at any time for any reason with or without notice to you. You may terminate this Agreement and your FreshGoGo Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. FreshGoGo reserves the right to collect fees and charges incurred before you cancel your FreshGoGo Service.
6.2. Customer Service. If you experience any issue using our Service, have any administration question or want to request any change to your Order prior to the Cutoff Time, you may contact us at email@example.com
6.3. Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.
6.4. Force Majeure. Under no circumstances shall FreshGoGo be held liable for any delay or failure in performance of the Service or any other related service or products resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions and orders of domestic or foreign courts or tribunals.
6.5. Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with FreshGoGo or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving FreshGoGo Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. You and FreshGoGo agree that, by entering into this agreement, you and FreshGoGo are waiving the right to a trial by jury.
6.7. Severability and Non-Waiver. 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.
6.8. Changing the Term of Service. FreshGoGo may change the Terms of Service for the Service at any time. We will publish details of all changes online at http://www.freshgogo.net/termofservice.html.