- ACCEPTANCE OF TERMS
Unless explicitly stated otherwise, any new feature or enhancement or release of new properties to the Service, shall be subject to the TOU. Your use of a particular Fruugo service may also be subject to guidelines and policies applicable to such service which may be posted and changed by Fruugo from time to time. All such guidelines and policies are incorporated by reference into the TOU. In case of inconsistency between the TOU and any guidelines or policies, the TOU will prevail.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.
You must be at least sixteen (16) years of age. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).
3. FRUUGO ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that we may access, preserve, and disclose your account information and your Content: (a) to our affiliated companies worldwide for the purpose of providing the Content to you and others in an efficient manner; (b) for the purpose of properly administering your account in accordance with our standard operating procedures; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or safety of the Service, its users and the public. We may record customer service calls and collect other information related to the interaction between you and Fruugo and between you and the retailer represented by us.
5. PRODUCTS AND DELIVERY
All products displayed on Fruugo are sold by third party independent retailers. Fruugo is neither the buyer nor the seller of the products. Fruugo is the platform provider and commercial agent of the retailers, enabling retailers and customers to complete transactions. Fruugo acts as a commercial agent on behalf of the retailers only and not on behalf of customers. In our agreements with the retailers, the retailers have authorised Fruugo to conclude the sale of products to customers. This means that Fruugo has the authority from the retailers to bind the retailers to a sale of products. A contract formed on the completion of a sale of a product is made solely between the customer and the retailer, although Fruugo has the retailer’s authority to bind the retailer to a sale of a product pursuant to such contract. Fruugo is not a party to such contract nor assumes any responsibility arising out of or in connection with it. We are using our best efforts to make certain that the products purchased by you at Fruugo are of good quality, meet the requirements of all relevant rules and regulations and are in all material respects in accordance with the product description displayed at Fruugo. We are monitoring our retailers' delivery processes and our customers' feedback of products sold at Fruugo, but we have no direct control over the individual products or deliveries of products sold at Fruugo.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the retailer. The contract between you and the retailer in relation to the products will not be formed until we have checked that the retailer accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the retailer. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the retailer. Only those products listed in the dispatch confirmation email are included in the contract between you and the retailer.
We receive your payments on behalf of the retailer, and we also undertake to refund you on behalf of the retailer any moneys which you may become entitled to.
Further instructions are given in the relevant chapters of the Fruugo Help . Such instructions may be amended from time to time with or without notice to you. You understand and agree that such instructions will form an integral part of this TOU.
Warranty terms are product specific, and therefore will be provided with the relevant product, or by the relevant retailer.
6. COMPLIANCE WITH LOCAL LAWS AND RULES
You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell or resell any portion of the Service, or use of the Service.
8. MODIFICATIONS TO SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any materials or services on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or services available on or through any such site or resource.
10. PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Content, in whole or in part.
You agree not to access, or make an attempt to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, retailers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of or connection to the Service, your violation of the TOU, or your violation of any rights of another.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT DISPLAYED IN THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS DISPLAYED OR SOLD THROUGH THE SERVICE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT AND SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, TO BE VALID ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE, ANY PRODUCTS DISPLAYED IN OR SOLD THROUGH THE SERVICE OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS.
You agree that we may terminate, in our sole discretion, your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account.
Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Fruugo’s guidelines and policies. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
Notices to you may be made by either e-mail or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
17. TRADEMARK INFORMATION
Fruugo logo and Fruugo trademarks and service marks, and other Fruugo logos and product and service names are trademarks of Fruugo Ltd. ("Fruugo Marks"). Without our prior permission, you agree not to display or use in any manner, the Fruugo Marks.
18. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we expect our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the problem to Fruugo customer care .
19. GENERAL INFORMATION
This TOU (including the practices and policies referred to herein) constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. Your use of the Service may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and us shall be governed by the laws of the UK. You agree to submit to the exclusive jurisdiction of the UK courts. Any failure by us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
Neither you nor we may assign or transfer any rights or obligations under the TOU without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies. You agree that your Fruugo account is personal and non-transferable.The section titles in this TOU are for convenience only.
Please report any violations of the TOU to Fruugo customer care .
21. COMMERCIAL AGENT STATUS
Fruugo acts as a commercial agent on behalf of the retailers only and not on behalf of customers. In our agreement with the retailers, the retailers have authorised Fruugo to conclude the sale of products to customers on behalf of the retailers. This means that Fruugo has the authority from the retailers to bind the retailers to a sale of products.