Terms of Service
Effective Date: January 1, 2020
Grablr.com (the "Website"), the Grablr mobile application (the "App"), and the services made available through our Website and App (collectively, "Services") are provided to you conditioned upon your compliance and agreement with these Terms of Service (the "Agreement"). Unless otherwise specified, all references to the Services include the services available through the Website or mobile App, as well as any software that Grablr provides to you that allows you to access the Services. Grablr.com is owned and operated by Grablr, LLC ("Grablr," "we," or "us").
Please read this Agreement carefully before accessing or using any of the Services. We reserve the right to modify this Agreement at any time by updating this document. Each time you access or use the Service, you agree to be bound by this Agreement. If you do not agree to be bound by all of the terms of this Agreement in full, you may not access or use the Services.
1. Your Compliance with this Agreement
2. Eligibility for Our Services
a. By using our Services, you represent that you are at least 18 years of age or between 13 and 17 years of age and using our Services with parental or legal guardian consent.
b. You agree that you will not (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Services; (ii) modify, make derivative works of, disassemble, reverse compile, reverse engineer, index, crawl, scrape, or disrupt any part of the Services; or (iii) use or access the Services in order to build a similar or competitive Service.
3. Description and Use of Services
a. Grablr provides a marketplace at which restaurants and retail grocery operations ("Sellers") offer surplus or unsold food or non-food items for sale to the public ("Buyers" and together with Sellers, collectively, "Users") at discounted prices. Sellers post items to the Service for the purpose of making a sale to Buyers.
b. The Services include (i) Grablr’s systems, procedures, processes and technologies, and (ii) any software, applications, data, reports, and other content made available by or on behalf of Grablr.
c. The Services do not include User Content (defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to this Agreement.
d. Grablr reserves the right to modify or discontinue the Services or any feature or functionality thereof at any time with or without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Grablr.
e. Grablr provides a marketplace for Users to interact and is not a Seller or Buyer and does not transfer legal ownership of items posted to the Service.
f. Grablr allows Users to process payments for items through the App. You authorize us to charge your credit card or other information as an in-app purchase for any item you purchase.
g. Buyers are responsible for verifying the price of any food or non-food item, which they acknowledge will be determined at the Sellers’s sole discretion.
h. Buyers are responsible for ensuring that they have sufficient information relating to any health and safety risks, including confirmation that the Seller is licensed as appropriate with the relevant regulatory authority including, without limitation, a restaurant or food service business.
i. Buyers are responsible for verification of all information provided by the Seller in relation to any food items provided, including the ingredients and any potential food allergy that may result by consuming the food.
j. Grablr is not responsible for any User Content or posting. Users should use appropriate caution when communicating with other Users and in entering any transaction. You agree and acknowledge that Grablr is not a transferor of the items listed on the Sercvices, that Grablr is not an advertiser of any of the items listed or advertised through the Services, and that Grablr is not a party to any transaction between Users.
k. Grablr makes no representation as to the accuracy or truthfulness of other Users or User Content that may be found on the Services.
l. No relationship of agency, partnership, joint venture, or employment is intended or created by virtue of this Agreement.
4. Your Access and Use of our Services
b. You understand that Grablr may issue upgrade versions of any App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the App.
c. Our Services may have features that allow Users to post reviews of Sellers or other User Content that will be accessible by the public or other Users. You acknowledge and agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Grablr shall not, under any circumstances, be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available by the Services in any manner or method. Grablr reserves the right to, but shall not be required to, (i) review or screen any User Content; (ii) edit any User Content; and/or (iii) remove any User Content for any reason, at any time, without prior notice, at Grablr's sole discretion. Grablr will have no liability or responsibility to users of the Grablr Services or any other person or entity for performance or nonperformance of such activities.
5. User Content Rights and Related Responsibilities; License
a. "User Content" means, without limitation, any emails, digital files, images, photos, artwork, videos, audio and documents, or other content that any User uploads, transmit or otherwise make available to Grablr and its users via the Services.
b. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you. This permission includes allowing us to transmit user content to third-party service providers for use in the operation, processing and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided.
c. You agree to use our Services and the User Content (whether provided by us or others), as well as any Software provided in connection with the Services, in a manner consistent with all applicable laws and regulations. You agree not to post any User Content that is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal in any way.
6. All Sales Final
a. All sales will include the item price, applicable Grablr service fee, and sales tax (as applicable). Sellers will receive the item price and sales tax (as applicable) and Grablr will retain the service fee.
b. All sales on the Grablr Service are final and not eligible for any refund.
c. In the event there is a dispute between any Buyer and any Seller, or if the food or non-food items provided by a Seller are not provided to a satisfactory standard, or at all, you agree Grablr is not liable including, without limitation, for any loss, damage or personal injury suffered by you or any other person in the course of receiving such food or non-food items from a Seller, and you release and hold harmless Grablr from anything you may suffer or any liability in relation to such dispute.
7. Intellectual Property
a. Grablr’s names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by Grablr. You may not use the Proprietary Marks without our prior written permission. Other than as expressly provided for herein, no licenses of Proprietary Marks has been made to you.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
8. Accounts and Registration
a. To access some features of the Service you may be required to register for an account ("User Account"). When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You may also be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information and/or financial information.
b. You agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep all information in your User Account current at all times.
c. You are responsible for safeguarding your User Account password and any other credentials used to access your User Account. You, and not Grablr, are responsible for any activity occurring in your User Account, whether or not you authorized that activity. If you become aware of any unauthorized access to your User Account, you agree to promptly notify Grablr. User Accounts may not be shared and may only be used by one individual per account.
9. Interruption of Service
a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruption of Service.
10. Electronic Communications
a. When you use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
c. Your use of the services includes the ability to enter into agreements and/or to make transactions electronically including, without limitation, in application purchases and other financial transaction. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions.
11. Disclaimers; No Warranties
a. THE SERVICES ARE PROVIDED STRICTLY ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND INTEERACTION WITH OTHER USERS (INCLUDING CONSUMPTION OF FOOD PRODUCTS MADE AVAILABLE BY THEM) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE USER CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE USER CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES.
b. WE MAKE NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANYJURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
12. Limitations of Liability
a. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF: (I) YOUR BREACH OR VIOLATION OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OR USE OF ANY USER CONTENT, OR; (V) YOUR INTERACTION WITH ANY OTHER USER. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
b. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $250.00 USD.
a. You agree that you will be personally responsible for your use of the Service, and you agree to indemnify, defend, and hold harmless Grablr and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement; or (iii) your interaction with any other User.
14. Additional Important Terms
a. We take the security of our Services and protection of our users seriously. Grablr may investigate incidents involving breaches of security and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
c. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
d. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Illinois, irrespective of the conflict of laws principles. Any dispute arising hereunder, or related to your or any User's use of the Services, shall be brought exclusively in the state or federal courts of Illinois.
e. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
f. The delay or failure of any party to enforce any part of this Agreement shall not be deemed a waiver of rights or remedies available.
g. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
h. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of this Agreement
i. If you have questions, comments, concerns or feedback regarding this Agreement or the Services, please contact usat email@example.com.