Instagolocal Inc. Terms of Service
Effective Date: Jun 01, 2020
Instagolocal Inc. provides a virtual storefront from which you can select goods for picking, packing and delivery to your location. Instagolocal Inc. operates Zeggys.com, delivery. zeggys.com, and iOS applications and Android Play store applications (e.g. Zeggys) (collectively, the “Application”) and offers various products and services, including the virtual store, social pages, blogs and feedback forum, on or through the Application (collectively, the “Services”). PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
1. Acceptance of Terms
You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified. All such modifications will be effective upon reasonable notice. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Application and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service. Your continued use of the Application and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
2. End User License Terms
Instagolocal grants you a limited, non-exclusive, non-transferable, and revocable license to use the Applications for their intended purposes subject to your compliance with these Terms of Service. You may only access the Services through the interfaces that Instagolocal provides for that purpose (for example, You may not “scrape” the Services through automated means or “frame” any part of the Instagolocal Services), except that You may have the option of accessing the Services through downloadable software and this software may update itself automatically on Your device. When You use the Services to place an order for products, you authorize the purchase and delivery of those products from the stores you select. Unless otherwise specified, you acknowledge and agree that Instagolocal is acting as your agent in delivery of goods purchased by You and is not the seller of the goods to You. You agree that Your purchase is being made from the stores you have selected, and title to any goods passes to You when they are purchased at the applicable stores. Instagolocal will obtain a credit card authorization for Your credit card on file with us to cover the cost of the goods you have purchased from the stores and any separate Instagolocal fees, and Your card will be charged for the goods purchased by You and any applicable fees when you submit your order through the Service.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms of Service, Instagolocal does not form any employment or agency relationship with You and does not hold title to any goods that You order through the Services.
3. Ordered Items and E Wallet
Items purchased via Instagolocal are for personal use only and not for commercial resale. Instagolocal is not liable for the ingredients, contents or other characteristics of any items purchased via the Application.
If You would like to cancel a Zeggys order once it has been placed You can request cancellation online through Your Zeggys account for a limited period of time, after which Your order is processed and if You want to return or exchange any items, You must do so directly with the Store and subject to the Store’s policies. Zeggys cannot guarantee that we will be able to cancel the order. If You want to return or exchange an item for any reason, or if you seek a refund or exchange for a lost or damaged item, You must reach out to our support and we will look into case by case.
During Your selection of items for purchase, You may choose to indicate whether a substitute(replaceable) is acceptable if a particular item is not available in the store. If You order an item that turns out to be unavailable at the store location, a substitute of similar item will be included at the discretion of the store in Your order as agreed by you of choice that a substitute is acceptable, or the item will be removed from Your order and You will not be charged. If Instagolocal is unable to have any part of Your order fulfilled for any reason (other than You not being present to key in the code for a delivery), Instagolocal will automatically cancel that part of Your order and You will not be charged for the items that comprise the unfulfilled part of your order.
E wallets are part of the integrated system within Zeggys. They can be applied directly to purchases to cover part of the purchase. Any unused or remaining portion cannot be claimed for cash except that they can be used as part of the purchase with Zeggys. No transfers of e wallets are allowed to another account.
If you are not present when the order arrives during the delivery window You chose, the golocal shopper will leave the groceries at the door of Your delivery address (or per Your reasonable delivery instructions). The cold groceries will not be left in any insulated or cooled packaging unless You may place your own insulated box at a visible location and provide special delivery instructions during the checkout, In all other cases You must put away Your cold grocery items promptly after delivery.
By placing an Zeggys order, You acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and You hereby agree to indemnify, defend and hold harmless Instagolocal, the store and each of their affiliates from any claims, losses or liabilities arising from or in connection with Your violation of the applicable return policy.
In-store prices and other applicable fees (such as taxes and other fees that the store charges, like bottle deposits, recycle fees towards bag charges and e-waste fees) may vary based on actual instore item prices and availability. For example, items sold by weight may end up costing a little more or less than the price listed on Instagolocal, depending on the exact weight and price of what's chosen for You. Also, items that are not pre-packaged, loose example fresh produce, fruits, meat and poultry.. etc may vary +-10% in weight or may be by pieces which might have different weights. Also, if something is out of stock, the substitutes you receive may have prices different from your original items. Further, products displayed in the Application are updated regularly, but the products delivered to You may not be identical to the product pictured in the Application. In-store promotions may or may not be available in the Application or applicable to Your purchase.
Because these prices (and the associated taxes and other fees the store charges) may vary based on current item prices and availability, Instagolocal authorizes Your card for an estimated amount that includes a reasonable buffer to cover that variance. The total will show on Your final receipt. If the total exceeds the designated reasonable buffer for Your order, then part or all of Your order will be automatically declined and You may choose to resubmit the declined part of Your order at the new price.
Items are purchased from individual stores as listed in Your cart and Your order history. The shipping and service fee is not a tip. All service fees are paid to Instagolocal. All cancellations after items are packed will require a stocking fee and any cost of discarding fresh seafood, poultry and meat products as once they are packed will not be re-used.
Instagolocal sales are in-Application sales and are processed as online transactions. You will receive an electronic receipt for Your order. Instagolocal does not take responsibility for any items You purchase. Rather, responsibility for each item You purchase will pass directly from the store to You in the store at the point of sale. Any item replacement or other protection afforded to You by Instagolocal or the store for damage or loss that occurs in transit is offered as a matter of customer service only and is not intended to alter the transfer of responsibility for Instagolocal items. Applicable sales tax will be calculated based on the physical address of the store location where the item was purchased. Instagolocal may display estimated taxes on Your purchase to You in-Application during the Instagolocal purchase process; however, Your final receipt will display the final sales tax calculated. Each store is solely responsible for calculating and informing Instagolocal how much sales tax to collect on each order. Instagolocal will collect the instructed amount from You on behalf of the store and will remit those funds to the store.
YOU MUST BE AT LEAST 12 YEARS OF AGE TO USE THE APPLICATION AND/OR THE
SERVICES. By using the Application and/or the Services, You represent and warrant that
(a) You are 12 years of age or older;
(b) All information You submit to Instagolocal is truthful and accurate;
(c) You will maintain the accuracy of such information; and
(d) Your use of the Services or the Application does not violate any applicable law or regulation.
5. User Accounts
To use the Application and/or the Services, You may be required to create a user account (“Account”). If You create an Account, You agree to provide Instagolocal current, complete, true and accurate information, and to update this information should it change. Instagolocal may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.
Some Services may require payment of fees to Instagolocal; if You purchase any goods or services that require payment of fees to Instagolocal, You agree to provide Instagolocal (or Instagolocal’s payment agent) with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.
If You create an Account, You may be asked to choose a password and a user name OR sign with social authentication OR via phone authentication.
You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that Instagolocal reserves the right to change, remove, alter or delete any user name at any time and for any reason in Instagolocal’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
You agree to notify Instagolocal immediately at Security@zeggys.com of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by Instagolocal. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that Instagolocal will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Instagolocal or another party due to someone else using Your Account or password.
INSTAGOLOCAL RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE APPLICATION AND/OR THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. INSTAGOLOCAL ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY INSTAGOLOCAL, INCLUDING, WITHOUT LIMITATION, THE APPLICATION AND THE SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT INSTAGOLOCAL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.
In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.
6. Ownership of Content
“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Application and/or the
Services, whether provided by Instagolocal or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF
INSTAGOLOCAL AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY INSTAGOLOCAL, YOU, OR ANOTHER USER OF THE SERVICES.
You acknowledge that the Content, Services and Application are protected by copyrights, trademarks, and other proprietary rights owned by Instagolocal, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Instagolocal and its licensors do not grant You any express or implied rights, and all right, title and interest that Instagolocal has in the Application and/or the Services that are not expressly granted by Instagolocal to You are retained by Instagolocal. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Instagolocal’s prior written permission. Instagolocal grants you a limited license to use the Content for the limited purpose of viewing and using the Services.
7. User Submissions. Instagolocal does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”). You must not transmit any User Submission to or through the Instagolocal Application or to Instagolocal through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is:
(a) Truthful, accurate, and not misleading,
(b) Offered in good faith, and
(c) That you have the right to transmit such information.
ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF INSTAGOLOCAL’S COPYRIGHT RIGHTS IN AND TO THE CONTENT.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Application or Services, or any information obtained from the Application or the Services, without the prior express written consent of Instagolocal.
You may not, under any circumstances, use the Content or the Services in any manner that:
(a) Is unlawful;
(b) Could damage, disable, overburden, or impair any Instagolocal server or the network(s) connected to any Instagolocal server;
(c) Could interfere with any other party’s use and enjoyment of the Services;
(d) Gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Instagolocal server, or to any of the Services, through hacking, password mining or any other means;
(e) Collects or aggregates information regarding other users’ actions relating to
the Services; or
(f) Reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Application.
9. Charges and Billing
You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to Instagolocal that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.
By providing Your email address to Instagolocal and subscribing to Instagolocal communications, You understand You may receive periodic information regarding current and future services offered on the Application and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 12 (Termination and Survivability). 11. Jurisdictional Issues and Export Control Laws
The Application and/or Services are controlled and operated by Instagolocal from its offices within the United States. Instagolocal makes no representation that Content and other materials available through the Application and/or Services are appropriate or available for use in any other locations. Those who choose to access the Application and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Termination and Survivability
These Terms of Service are effective until terminated. Instagolocal may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 5 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to Instagolocal at: firstname.lastname@example.org, Attn: Accounts Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by Instagolocal but not more than twenty (20) business days after sending such termination email.
The provisions of Sections 6 (Ownership of Content), 7 (Limitations), 12 (Termination and Survivability), 13 (Disclaimer of Warranty; Limitation of Liability), 14 (Indemnity), 15 (Jurisdiction and Choice of Law), and 16 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.
13. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION AND/OR SERVICES IS AT YOUR SOLE RISK. THE APPLICATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES
(INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE INSTAGOLOCAL PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE INSTAGOLOCAL APPLICATION AND/OR INSTAGOLOCAL SERVICES OR USE OF THE INSTAGOLOCAL APPLICATION AND/OR INSTAGOLOCAL SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE INSTAGOLOCAL PARTIES IS TO STOP USING THE APPLICATION AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).
IN NO CASE SHALL THE LIABILITY OF THE INSTAGOLOCAL PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO INSTAGOLOCAL OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE INSTAGOLOCAL PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR
FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH THE INSTAGOLOCAL PARTIES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE INSTAGOLOCAL PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. INSTAGOLOCAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
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