Terms and Conditions

ebounti.com provides a virtual storefront from which you can select goods for picking, packing and delivery to your location. ebounti.com operates ebounti.com, https://biz.ebounti.com, and iOS applications and Android Play store applications (e.g. ebounti customer and ebounti business) (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

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://biz.ebounti.com, AND AS INCORPORATING THE EBOUNTI PRIVACY POLICY AVAILABLE AT HTTP://WWW.EBOUNTI.COM (together, the “Terms of Service”), ARE A LEGAL AGREEMENT BETWEEN ebounti.com (“ebounti.com”) AND YOU (“You”).

YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE APPLICATION AND/OR SERVICES CONTROLLED BY ebounti.com. BY USING THE APPLICATION AND/OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE APPLICATION AND/OR THE SERVICES.

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

ebounti.com 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 ebounti.com provides for that purpose (for example, You may not “scrape” the Services through automated means or “frame” any part of the ebounti.com 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 ebounti.com is a platform to help you order goods 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. ebounti.com 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 ebounti.com 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, ebounti.com 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 ebounti.com are for personal use only and not for commercial resale. ebounti.com is not liable for the ingredients, contents or other characteristics of any items purchased via the Application.

If You would like to cancel a ebounti.com order once it has been placed You can request cancellation online through Your ebounti.com 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. ebounti.com 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 engage directly with the Store and are subject to the Store’s policies.

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 ebounti.com 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), ebounti.com 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 ebounti.com. 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 ebounti.com. 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 delivery person 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. The delivery person will attempt to reach out to you so that a random digit generated code will be sent to you as confirmation of receipt and the driver will use this digits to complete the delivery process. Speed of the delivery or time of the delivery are the key performance indexes of the store and ebounti.com does not have any responsibility of delivery. It’s the sole responsibility of the shops providing the service. The delivery charges and pick-up charges are levied by shop you are making the purchase. Any issues regarding the same need to be directly dealt with shop you made the purchase.

By placing an ebounti.com 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 ebounti.com, 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.

Quick order is for your convenience and the applicable prices are as per the store. So, any price and weight differences need to be resolved with the shop.

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 ebounti.com, 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, ebounti.com 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 ebounti.com. 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.

ebounti.com sales are in-Application sales and are processed as online transactions. You will receive an electronic receipt for Your order. ebounti.com 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 ebounti.com 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 ebounti.com items. Applicable sales tax will be calculated based on the physical address of the store location where the item was purchased. ebounti.com may display estimated taxes on Your purchase to You in- Application during the ebounti.com purchase process; however, Your final receipt will display the final sales tax calculated. Each store is solely responsible for calculating and informing ebounti.com how much sales tax to collect on each order. ebounti.com will collect the instructed amount from You on behalf of the store and will remit those funds to the store.

4. Eligibility

YOU MUST BE AT LEAST 21 YEARS OF AGE TO USE THE APPLICATION AND/OR THE SERVICES. By using the Application and/or the Services, You represent and warrant that

  1. You are 21 years of age or older;
  2. All information You submit to ebounti.com is truthful and accurate;
  3. You will maintain the accuracy of such information; and
  4. 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 ebounti.com current, complete, true and accurate information, and to update this information should it change. ebounti.com 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.

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 ebounti.com immediately at support@ebounti.com of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by ebounti.com. 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 ebounti.com 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 ebounti.com or another party due to someone else using Your Account or password.

ebounti.com 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. ebounti.com ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY ebounti.com, INCLUDING, WITHOUT LIMITATION, THE APPLICATION AND THE SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT ebounti.com 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 ebounti.com 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 ebounti.com 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 ebounti.com, 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 ebounti.com, 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, ebounti.com and its licensors do not grant You any express or implied rights, and all right, title and interest that ebounti.com has in the Application and/or the Services that are not expressly granted by ebounti.com to You are retained by ebounti.com. 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 ebounti.com’s prior written permission. ebounti.com grants you a limited license to use the Content for the limited purpose of viewing and using the Services.

7. User Submissions

ebounti.com 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 ebounti.com Application or to ebounti.com 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:

  1. Truthful, accurate, and not misleading,
  2. Offered in good faith, and
  3. That you have the right to transmit such information.

Certain information submitted by You, or otherwise collected from You, is subject to ebounti.com’s Privacy Policy. Except as expressly provided in ebounti.com’s Privacy Policy, You agree that by submitting User Submissions to ebounti.com, including any concepts, know-how or ideas, You hereby grant ebounti.com a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with the ebounti.com Application and ebounti.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others.

8. Limitations

ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF ebounti.com 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 ebounti.com.

You may not, under any circumstances, use the Content or the Services in any manner that:

  1. Is unlawful;
  2. Could damage, disable, overburden, or impair any ebounti.com server or the network(s) connected to any ebounti.com server;
  3. Could interfere with any other party’s use and enjoyment of the Services;
  4. 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 ebounti.com server, or to any of the Services, through hacking, password mining or any other means;
  5. Collects or aggregates information regarding other users’ actions relating to the Services; or
  6. 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 ebounti.com 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.

If order is cancelled 4% charges will be deducted as cancellation charges

10. Communications

By providing Your email address to ebounti.com and subscribing to ebounti.com 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).

By accepting the terms and conditions you agree to receive text and email notifications from our platform as it may be relevant to the usage of the app and the application.

11. Jurisdictional Issues and Export Control Laws

The Application and/or Services are controlled and operated by ebounti.com from its offices within the United States. ebounti.com 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. ebounti.com 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 ebounti.com at: support@ebounti.com, Attn: Accounts Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by ebounti.com but not more than twenty (20) business days after sending such termination email.

13. ID verification; other safety checks

It is the Retailer's and any delivery provider's responsibility to verify identification and age, as well as to determine whether it is safe and appropriate to provide you with alcohol or tobacco products. At the time of pick-up or delivery, they may require a valid form of photo identification with a birth date as well as a signed acknowledgment confirming acceptance. They may refuse to provide you with alcohol or tobacco products if they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 but appear to be in the company of only 18 years old).

Alcohol or tobacco products cannot be left unattended—it must be accepted and signed for by someone over the age of 21. If a retailer is unable to deliver your product due to this or another reason, the retailer may charge a restocking fee. Subsequent delivery attempts are made at the Retailer's discretion and are subject to redelivery fees.

If we suspect that your order is fraudulent or illegal, we may notify the Retailer and suspend your access to the Platform.

14. Platform/Retailer right to refuse

a. Platform/Retailer right to refuse, cancel and adjust orders

For any reason, a Platform/Retailer may refuse, cancel, or modify your order. If the product you want is not in stock, the Platform/Retailer will notify you and offer you a reasonable substitute or refund your money. If you accept the substitution, your order total will be adjusted.

Some Platform/Retailer s restrict their delivery areas (for example, some Retailers will not deliver to hotels and restaurants). If a Platform/Retailer policy forbids delivery to your address, the Platform/Retailer will notify you, cancel your order, and refund your money.

Retailers are sometimes required by law to limit the number or type of product(s) in your order. If this occurs, the Retailer will notify you and either provide a reasonable substitute or refund your money. If you accept the substitution, your order total will be adjusted.

b. Platform/Retailer right to refuse multiple delivery attempts and charge restocking and re-delivery fees

If a Platform/Retailer or their delivery provider believes that providing alcohol or tobacco products to you or the person accepting the delivery on your behalf is illegal, unsafe, or inappropriate, they may refuse to deliver your order. If a delivery is unable to be made for any reason, you may be charged a restocking fee. Subsequent delivery attempts are made at the Platform/Retailer's discretion and are subject to redelivery fees.

15. 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 EBOUNTI.COM PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE EBOUNTI.COM APPLICATION AND/OR EBOUNTI.COM SERVICES OR USE OF THE EBOUNTI.COM APPLICATION AND/OR EBOUNTI.COM SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE EBOUNTI.COM PARTIES IS TO STOP USING THE APPLICATION AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).

IN NO CASE SHALL THE LIABILITY OF THE EBOUNTI.COM PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EBOUNTI.COM 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 EBOUNTI.COM 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 EBOUNTI.COM 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 EBOUNTI.COM PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. EBOUNTI.COM 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.