BY MAKING PURCHASE THROUGH GREENBASKET, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE YOU MAKING ANY PURCHASES. DO NOT MAKE ANY PURCHASE THROUGH THIS SITE IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SITE.
This AGREEMENT is binding between GREENBASKET and YOU
Greenbasket is an Information & Communication Technology platform facilitating individuals seeking to order food, beverage and other grocery items ("Groceries") from selected retail premises ("Customer(s)"), and individuals seeking to assist Customers by retrieving and delivering the Groceries to and on behalf of Customers who have authorized the purchase of such Groceries ("Driver(s)") (such services provided by Drivers to be hereinafter referred to as "Delivery Services(s)"). The additional fee Customer pays that is above the retail price of the Groceries is for the purpose of engaging the Driver to perform the Delivery Services(s). Customer acknowledges and agrees that the Driver acts as the agent of the Customer in carrying out the Delivery Services(s), and that Greenbasket has no relationship with Customer other than to provide the Support as set forth in this Agreement. Greenbasket does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Delivery Services(s).
Greenbasket services is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
YOU AGREE THAT NEITHER GREENBASKET NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY Driver OR FOR ANY Delivery Services(s). NEITHER GREENBASKET NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY Driver. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE Drivers, YOU HEREBY RELEASE GREENBASKET AND ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Alcoholic beverages may only be purchased by individuals, including without limitation Customers, who are at least twenty-one (21) years old ("Legal Age"). If you are a Customer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide identification showing your Legal Age to your Driver upon delivery to you pursuant to the Delivery Services(s) of any Groceries that include Alcoholic Beverages.
When Customer places an order for Alcoholic Beverages using the Website ("Alcoholic Beverage Order"), such Alcoholic Beverage Order will be either accepted or rejected by the retailer to whom the Alcoholic Beverage Order was placed ("Seller"). Neither Greenbasket nor any Driver has any authority to accept Customer's Alcoholic Beverage Order, and no sale pursuant to Customer's Alcoholic Beverage Order will become final unless and until Seller accepts Customer's Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Seller (such accepted sale an "Alcoholic Beverage Purchase"), Customer's credit card shall be charged, and that portion of the funds from Customer's credit card payment that relates to the Alcoholic Beverage Purchase shall be deposited into an account for the benefit of Seller in compliance with applicable alcoholic beverage laws.
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to Greenbasket and its affiliates. Users of this Website or of the GreenBaskets Support ("you" or "User(s)") may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Greenbasket all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Greenbasket or any third party; or (iv) impersonates another person. Greenbasket reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
Greenbasket does not endorse any User Submission or any opinion, recommendation or advice therein, and Greenbasket expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Greenbasket with respect thereto. Greenbasket may provide links to websites owned or operated by third parties. Greenbasket does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk.
You are the sole authorized User of any account you create with Greenbasket. You are responsible for maintaining the confidentiality of any password or account number provided by you or Greenbasket for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. Greenbasket has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify Greenbasket immediately.
You may opt-out of receiving text messages from us by emailing email@example.com. If you provide your cell phone number to Greenbasket pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
You agree to provide us with the correct required information and warrant that the provided information is correct and complete during the time of order. Goods ordered are for your own personal use and not for resale. Upon order, you may be required to provide an email address; mobile phone number and password. It is your duty and responsibility to keep safety of your account.
Delivery of your purchased item may very per user location. Greenbasket may employ third party provider to ensure the delivery of goods and services in the timeframe selected. You hereby agree that Greenbasket is not liable for any loss cause to you by late delivery.
Any fees which the Greenbasket may charge you for the use of our Services, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. Greenbasket reserves the right to determine final prevailing pricing. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to the Greenbasket by you.
You hereby warrant that you are over 18 years of age, not subject to the Child Online Privacy Law, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Anyone who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon Greenbasket, you authorizes each and every credit card company or merchant service provider to disclose to the Greenbasket all information that could be construed as proof of credit card fraud.
Anyone who attempts to perpetrate a fraud upon Greenbasket involving the use of a credit card herewith gives authorization for the Greenbasket to access all credit information about You from credit reporting agencies and also authorizes Greenbasket to discover all relevant information from any source about the fraudulent practices and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
You agree that if you use trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against Greenbasket, that the Greenbasket is authorized to re-charge to your credit card that was used for the original purchase to the extent that will make Greenbasket whole. You agrees to, in addition to actual damages, pay to the Greenbasket liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action You commit.
Any reference in these Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Greenbasket and the provision which is more favorable to Greenbasket shall prevail.
YOUR SOLE REMEDIES: THE REMEDIES SET OUT IN THIS CONDITIONS ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR WITH REGARD TO THE SERVICES RENDERED.
MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, OUR MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SERVICES RENDERED UNDER EACH CUSTOMER/CLIENT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO GREENBASKET UNDER SUCH CUSTOMER CONTRACT.
EXCLUSION OF LIABILITY: GREENBASKET INDEMNITEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH GREENBASKET’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).
GREENBASKET IS YOUR AGENT. OUR RESPONSIBILITY IS LIMITED TO THE USAGE OF OUR WEBSITE. WE HAVE NO DIRECT CONTROL OVER THE PRODUCT(S) PURCHASED.
STORE OWNERS USING CHANNEL SOLUTION: IN NO EVENT WILL GREENBASKET BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF YOUR USE OR ACCESS TO THE APPLICATION, INCLUDING LOSS OF PROFIT OR THE LIKE WHETHER OR NOT IN THE CONTEMPLATION OF THE PARTIES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
GREENBASKET IS NOT LIABLE TO YOU FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT, TABLET, HANDHELD DEVICE OR MOBILE TELEPHONES AS A RESULT OF THE INSTALLATION OR USE OF THE APPLICATION.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GREENBASKET'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMITTED BY LAW, GREENBASKET SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES.
Regardless of any statute or laws to the contrary, you must file any claim or cause of action arising out or related to the Website within (1) one year after such claim or cause of action arose or be forever barred. This section shall survive termination of this AGREEMENT.
If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.
You have read, fully understood all the terms and conditions of this agreement
These terms and conditions constitute the entire agreement between YOU and GREENBASKET in relation to your purchase through this Site. No additional provisions are expressed nor implied. This AGREEMENT supersedes any all previous oral and/or written, express and/or implied agreements. By postings any materials, YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT and ACCEPTS ALL TERMS, CONDITIONS, COVENTANTS AND RESTRICTIONS, and WITHOUT EXCEPTION.