Welcome to Gopher Grocery's Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and Gopher Grocery Inc. ("Gopher Grocery" or "GG") that states the terms and conditions under which you may receive the Gopher Grocery service and use www.GopherGrocery.com. If you use the Gopher Grocery's service or www.GopherGrocery.com, you agree to these terms and conditions.
- Gopher Grocery's Delivery Service and Website. The Gopher Grocery service is a transaction, information and communication service available to authorized users ("customers") who access www.GopherGrocery.com. GG currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.
- Grocery Shopping and Delivery Service.
Gopher Grocery's employees, agents or designees will shop and deliver grocery orders placed with Gopher Grocery. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of delivery. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If Gopher Grocery cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the GG, you may return it and it will be credited against your next GG order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the
product is more.Gopher Grocery's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your Gopher Grocery order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. GG may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. Gopher Grocery is not responsible, and you agree not to hold GG or its employees responsible, for any damage or theft that occurs to an unattended delivery. GG reserves the right to refuse to leave an order unattended if the Gopher Grocery Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
- Third Party Information Providers and Merchants. The GG service may permit you to order and receive products, information and services from businesses which are not owned or operated by GG. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Gopher Grocery does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Gopher Grocery service.
- Your Member Account. You agree to provide Gopher Grocery with accurate and complete information as required by registration for the Gopher Grocery service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Gopher Grocery of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Gopher Grocery service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify GG immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Gopher Grocery Service until you notify GG of the unauthorized use, loss or theft.
- Property Rights - www.GopherGrocery.com and Gopher Grocery.
- Copyright: All content on GopherGrocery.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Gopher Grocery 2004, Gopher Grocery, Inc. ALL RIGHTS RESERVED, or its content providers. Gopher Grocery authorizes you to view, electronically copy and to print in hard copy portions of GopherGrocery.com for the sole purpose of placing an order with Gopher Grocery, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on GopherGrocery.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Gopher Grocery is strictly prohibited. GG reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from GG.
- Trademarks: All Gopher Grocery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of GG or otherwise proprietary to GG and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on GopherGrocery.com are the property of their respective owners.
- Fees, Payment and Access. 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 password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Gopher Grocery fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the GG fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Gopher Grocery may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Gopher Grocery Inc. may incur in its efforts to collect any unpaid balances from you. GG reserves the right to establish a credit limit for your account. Your right to use the Gopher Grocery service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use. Gopher Grocery does not offer the GG Service to children. By registering for the Gopher Grocery Service, you warrant that you are at least 18 years old. If you are under 18, you may use the GG Service only with the involvement of a parent or guardian. From time to time, GG may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and GG reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or Gopher Grocery Service. GG may at any time change any of the terms of this Agreement or the GG fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Gopher Grocery service. If GG makes material changes to this Agreement or changes to the GG fee schedule, Gopher Grocery will provide notice to you in a manner provided in this Agreement. Your use of the Gopher Grocery service after any such change will be conclusively deemed acceptance of such change. Gopher Grocery may discontinue or revise any or all aspects of the GG service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Gopher Grocery Service and terminate this Agreement.
- Termination. Gopher Grocery may suspend or terminate your access to the GG service at any time for any reason with or without notice to you. You may terminate your GG service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your GG Service for any reason, you will not be entitled to a refund of any fees. GG reserves the right to collect fees and charges incurred before you cancel your GG Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of liability and disclaimer of warranty. Your use of the gopher grocery service, www.gophergrocery.com and the internet is entirely at your own risk. the gopher grocery service, www.gophergrocery.com and its contents are provided on an "as is", "as available" basis. To the fullest extent permitted by law, gopher grocery, inc. disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. gopher grocery does not warrant that the functions provided by www.gophergrocery.com will be uninterrupted or error-free, or that www.gophergrocery.com or the server that makes it available are free from viruses or other harmful components.
Neither gopher grocery nor any of its directors, employees, investors agents, licensors or merchants (collectively, its "associates") shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the gopher grocery service, www.gophergrocery.com, the internet or for any other claims related in any way to your relationship with gopher grocery. Gopher grocery's liability is limited to crediting your account for products sold by gopher grocery and returned by you. Because some states or jurisdictions do not allow limitations on implied warranties or of certain damages, in such states and jurisdictions warranties and liability are limited to the greatest extent permitted by law.
The material on www.GopherGrocery.com is provided for lawful purposes only. Gopher Grocery Inc. controls and operates www.GopherGrocery.com from its headquarters in Minneapolis, Minnesota, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.GopherGrocery.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Gopher Grocery and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
You may at any time review and change your personal information stored by GopherGrocery.com by accessing the My Account page at GopherGrocery.com. You may also request that GG permanently remove all personal information stored by GG at any time by delivering notice requesting such removal. Upon such request, GG will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your account. At Gopher Grocery, we want you to feel safe while shopping with us. That's why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.
- Aggregated Information. GG may use aggregated information regarding its customers and usage of the GG service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. GG may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. GG may use or disclose personal information when GG believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of GG or its users or to comply with the law.
- Legal and Miscellaneous
- This Agreement states your entire agreement with Gopher Grocery regarding the use of the Gopher Grocery Service and www.GopherGrocery.com. 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.
- This Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Gopher Grocery Inc. or its Associates or relating in any way to your use of the Gopher Grocery or www.GopherGrocery.com resides in the courts of Minnesota, and you further 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.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Gopher Grocery and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Gopher Grocery service.
- Notices. Gopher Grocery may give notice to you of a change in this Agreement, a change in the GG Fee Schedule, and any other matter by general posting on www.GopherGrocery.com, by electronic mail. You may give notice to GG by telephone (1-612-379-1007), by electronic mail (visit Contact Us on www.GopherGrocery.com), or by conventional mail to:
Gopher Grocery, Inc.
900 Sixth Avenue SE
Minneapolis, MN 55414
Attention: TERMS AND CONDITIONS
If you have any questions about this agreement, please email us at CustomerService@gophergrocery.com.