Introduction

The Retailer Standard Terms and Conditions (“Terms”) herein shall control and apply to your use of the delivery service (“service”) provided by the retailer fulfilling your order (“retailer”). These Terms will be applied fully to and affect your use of this service. By using this service, you (the “customer”) agree to accept the Terms set forth herein. You must not use this service if you disagree with any of the Terms.

Restrictions

The following restrictions apply to your use of the services:

• Minors or people below 21 years old are not allowed to use this service.
• No publishing any service material in any other media;
• No selling, sublicensing and/or otherwise commercializing any service material;
• No publicly performing and/or showing any service material;
• No using this service in any way that is or may be damaging to the service;
• No using this service in any way that impacts user access to this service;
• No using this service contrary to applicable laws and regulations, or in any way may cause harm to the service, or to any person or business entity;
• No engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this service;
• No using this service to engage in any advertising or marketing.

Your Content

In these Terms, “Your Content” shall mean any audio, video text, images or other material you choose to display on this service. By displaying Your Content, you grant the Retailer a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it as necessary to provide the service and improve product offerings provided in connection with the same. Your Content must be your own and must not be invading any third-party’s rights. The Retailer reserves the right to remove any of Your Content from this service at any time without notice.

No warranties

This service is provided “as is,” with all faults, and the retailer expresses no representations or warranties, of any kind related to this Website or the materials contained on this service. Also, nothing contained on this service shall be interpreted as advising you.

Acknowledgements

By using this service, you acknowledge and agree to the following

• The Retailer sends transactional and promotional communication via phone and email.
• Customer Support may record voice and text conversations with customers.
• Delivery drivers possess car and body cameras that record delivery transactions for security purposes. By using this service, you consent to video and audio recording when interacting with the service and the service providers.
• The retailer does not guarantee delivery times and ETAs communicated to customers.
• You are aware of California Proposition 65 Warning.
• Customers using fake IDs or IDs not belonging to them at any stage of signup and/or the transaction process are knowingly committing fraud punishable by state law.

Limitation of liability

In no event shall the retailer or service, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this service whether such liability is under contract. The retailer and service, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this service.

Indemnification

You hereby indemnify to the fullest extent the retailer and service from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

The retailer is permitted to revise these Terms at any time as it sees fit, and by using this service you are expected to review these Terms on a regular basis.

Assignment

The retailer is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between the Retailer and you in relation to your use of this service, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.