END-USER LICENSE AND TERMS OF SERVICE
(United Kingdom)
Please read the following end-user license agreement and terms of service (“Agreement”) carefully.
This Agreement, together with our privacy policy which can be found at https://legal.gopuff.com/policies/en(the “Privacy Policy”), is a legal agreement between you and us. By downloading, accessing, installing or using Gopuff’s mobile application (the “App”) or website (the “Site”), or by using or receiving any services supplied to you by us (collectively with the App and the Site, the “Services”), you represent to us that you are legally competent to enter into and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not access, install or use the Services. If you do not agree to be bound by this Agreement, then you may not use the Services.
Gopuff reserves the right to modify this Agreement at any time without prior notice. You will be subject to the Agreement in force at the time a contract is formed between you and us (as set out in the section titled "Our Agreement With You"). Subject to the above, you agree that each visit you make to the Site or the App will be subject to the then-current Agreement, and continued use of the Services now or following modification of this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the App or the Site or uses or receives any Services.
Information about us and how to contact us.
Who we are. We are GoBrands UK Holdings Ltd. a company is registered in the United Kingdom ("Gopuff", "we" or "our"). Our company registration number is 12793914 and our registered office is at 48 Hoxton Square, London, N1 6PB. Our registered VAT number is GB361555301.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the telephone number or the email address or postal address you provided to us in your order.
Products and Regulatory Compliance. You agree that your use of the Services, the purchase of any of the products contained on the App or the Site (“Products”), delivery of the Products, and/or your use of the Products will not violate any local, regional, state, national or federal laws and regulations applicable to you (the “Laws”). You further certify that the intended use of the Products will not be as drug paraphernalia. Gopuff does not promote the use of controlled substance. The Products are solely for personal use and nothing in the Site or the App shall be construed as condoning or promoting the use of any controlled or illegal substance.
Consumers only. Our Products are only intended for use by consumers (that means people who want to buy our Products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our Products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
Age restrictions. We are committed to upholding our legal obligations as a responsible retailer. The Services are intended for adult users only. By viewing, using or accessing the Services, you certify that you are at least 18 years of age and will provide photo identification upon delivery to verify your age. You agree that you will not furnish age-restricted products obtained through Gopuff to any person who is not over the age of 18.
Confirmation of personal status. By placing an order with us through our App and/or Site, you are confirming to us that you are a consumer, that you are not purchasing our Products for any business purposes and that you are at least 18 years old.
Our Agreement with you. Each time you place an order and we accept it, a new Agreement is created between you and us. We will provide confirmation of receipt and acceptance of your order by email sent to the address you provided once we have received your order, at which point the Agreement will come into existence between you and us.
Products. The Product information contained on our Site and/or App has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Products, or if your order has already been accepted, not to supply the affected Products to you. We will notify you if this is the case and will not charge you for the Product.
Usage. Your use of the Services is subject to all applicable Laws. It is your responsibility to provide the mobile device, wireless service/data plan, software, internet connections and/or other equipment needed, in order to download, install and use the Services. You are solely responsible for any fee, cost or expense that your wireless carrier, mobile platform provider or any other third-party operator may charge you to download, install and/or use the Services via your computer, mobile device or smartphone. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. We do not guarantee that the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Services will be available in, or that orders for products can be placed from, any particular geographic location. Delivery restrictions that may apply to your order are published on the App. Gopuff reserves the right to change, suspend, remove, or disable access to the Services at any time without notice. Subject to our ongoing obligations relating to orders previously accepted by us, (i) Gopuff will not be liable for the removal of or disabling of access to the Services, and (ii) Gopuff may also impose limits on the use of or access to the App, the Site or to certain Services, in any case and without notice or liability.
As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Gopuff.
License Grant. Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, Gopuff hereby grants to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of any Service, or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the App on a mobile device that you do not own or control and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
All rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gopuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gopuff's name or trademarks without the express written consent of Gopuff. You may not misuse the Services. You may use the Services only as permitted by applicable law and this Agreement. The licenses granted by Gopuff terminate if you do not comply with this Agreement.
License Limitations. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Gopuff. Except as specifically permitted herein or expressly authorized in writing by Gopuff, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Gopuff. If you breach these restrictions, you may be subject to prosecution and damages.
Terms of Service. You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from Gopuff; (h) you will only use the Services for your own use and will not resell them to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G/5G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide our delivery partner with your valid photo ID when the delivery arrives that proves that you are the requisite age for age-restricted Products, and, if such ID was not issued by the country or state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the delivery partner; (m) you are aware that a non-refundable restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery of age-restricted Products has been declined due to your failure to provide a valid photo ID or form of identification as described above. Gopuff shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable laws. Gopuff explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable laws.
Fees. Any fees which Gopuff may charge you for the Services are due immediately. When you initiate a transaction with us, Gopuff’s third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order if such authorization fails, we are out of stock or your order cannot be served due to other reasons (e.g. you are ordering delivery of certain Products outside of the authorized time windows for delivery under applicable laws). If your order is declined by us but any fees have been charged by us for such order, you will receive a full refund. If your order is canceled by you after it has been sent for delivery, you will receive a full refund, less the Restocking Fee if applicable pursuant to the preceding section of this Agreement. A full refund may be issued by Gopuff for any reason. Gopuff, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services in our sole discretion, provided that no such change shall impact orders accepted by us prior to the publication of the change.
Reservation of Rights. All proprietary rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff.
Account and Password. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Gopuff reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for your failure to abide by the terms as set forth in this Agreement or to comply with applicable law.
No Third-Party Rights. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the Agreement or to make any changes to the Agreement.
Third Party Materials. Our Site and/or App may from time to time contain links to certain third-party websites. Such websites are not under Gopuff's control and Gopuff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such websites. Gopuff does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party websites. Queries about such websites should be directed to their operators. Please check the websites’ terms and conditions before you use them.
Our responsibility for loss or damage suffered by you.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the Agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew that it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under applicable legislation.
We are not liable for business losses. We only supply the Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Right to refuse an order and/or delivery. Gopuff reserves the right to deny the sale and/or delivery of any Product, which it reasonably determines may or shall violate applicable laws. The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable laws, nor does it impose an affirmative responsibility on Gopuff to verify your adherence to applicable laws.
Access to our App and/or Site. Gopuff does not guarantee that (a) operation of the Services will be uninterrupted or virus- or error-free, (b) the Services will operate or be compatible with any other application or any particular system or device, or (c) the App will be available for reinstalls on the same or multiple devices.
To the extent not prohibited by law, you agree that in no event will any Gopuff entity be liable for indirect, special, exemplary, incidental, consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. For the avoidance of doubt, this clause shall not apply to you if you are based in the UK.
Ownership. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other applicable laws. You acknowledge and agree that Gopuff and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Gopuff’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.
Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Gopuff by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Gopuff or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Gopuff. You agree that, by submitting any Feedback or Revisions, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback and Revisions (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Feedback and Revisions.
Our rights to end the Agreement. This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or Gopuff ends this Agreement. Gopuff may suspend your account(s), cease providing you with all or part of the Services or end the Agreement at any time for any reasonable cause, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) there is any type of suspicious activity, (c) someone else is using your account, (d) you are mistreating our delivery partners, or (e) you are claiming refunds to which you are not entitled.
Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Gopuff hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
Taxes; Delivery Charges. Our prices are inclusive of applicable taxes, such as VAT and excise duties (if any). Delivery charges will be calculated at checkout.
Injunctive Relief. You agree that financial compensation alone may not be adequate for us if there is a breach or threatened breach of the Agreement and that we are entitled to seek all remedies available to use (including, but not limited to, injunctions and requiring you to do certain things) to stop you using our Site and/or App in breach of the Agreement.
Which laws apply to this Agreement and where you may bring legal proceedings. These terms and conditions shall be governed by English law, and you may bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English Courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English Courts.
Amendments to this Agreement. This Agreement may not be modified by you except in writing and executed by the duly-authorized representatives of Gopuff.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any Products you have paid for but not received.
Promotional Discounts and Codes
We may offer promotional discounts and codes from time to time. All such promotional discounts and codes are offered in our sole and absolute discretion, may have additional conditions specific to such discount or code and are subject to the other terms of the Agreement. We reserve the right to modify or suspend any promotional discount or code at any moment in our sole discretion.
Products may be ineligible for such discounts and promotional codes due to applicable legal restrictions or otherwise in our sole and absolute discretion. Tobacco, infant formula and gift cards are restricted from promotional discounts and codes, and alcohol is restricted in Wales.
Promotional discounts and codes are not transferable. Each promotional discount and code may be used only once per order and per customer unless explicitly stated otherwise. Any attempt to manipulate our site or our promotional discounts and codes including by use of bulk entry by third parties or syndicates or IP address manipulation will render the order and relevant promotional discount and code invalid. We are entitled to take all reasonable steps to protect ourselves against fraudulent or invalid promotional discounts and code usage including closure of accounts we reasonably believed have engaged in such activity.
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