Terms & Conditions
TERMS OF SERVICE
Welcome to Zero!
These Terms of Service constitute a legally binding contract (the “Terms”) between you and Zero (“Zero,” “we,” “us” or “our”) governing your use of Zero applications, text, data, information, software, graphics, photographs and other materials that we make available to you, as well as the services we may provide through our websites (each a “Site”) and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF ITS FUNCTIONALITY. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. ZERO ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ZERO. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Zero may modify, suspend, or discontinue any part or all of our Sites or our services at any time and without notifying you. We also reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the end of these Terms and, if you are a subscriber to our service, you will be required to accept the new Terms. By continuing to access or use the Sites or order, receive or use products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the products including through our text messaging platform.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Sites and to use the services available through the Site; your right to use such Sites and services is conditioned on your compliance with these Terms. You have no other rights to the Sites, services, and/or any of the materials displayed or made available through the Sites and services, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of this Sites or portions thereof in any manner.
A breach or violation of any of the Terms will result in an immediate termination of your account and associated services.
Zero provides an in-home grocery delivery service, an online venue that allows home owners and renters to have a grocery servicing assistant ("Milk(wo)man”) to enter the home and dispense groceries made available by Zero Grocery Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Zero”). Zero has no control over the conduct of Milk(wo)men, or any other users of the Services.
USING THE SITE
By using any Site, you represent that you are at least the age of majority in your state or province of residence, or if you are under the age of majority in your state or province of residence (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
In order to access certain password-restricted areas of the Sites and to purchase Subscriptions to receive our products, you must successfully register an account with us. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Sites as well as paying related charges. It is also your responsibility to maintain the confidentiality of your account password. Should you believe your password or security for your account has been breached in any way, you must immediately notify us.
By creating a Zero account, you also consent to receive electronic communications from Zero (e.g., via email). These communications may include notices about your account (i.e., an email to customize your box each week) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through the site or in connection with your order, receipt or use of our service, you consent to receive calls or text messages at any such phone number placed by or on behalf of Zero, including autodialed calls and/or text messages, for operational or transactional purposes, such as updates on the delivery status of your order, billing issues, or customization reminders. You may opt out of calls or text messages at any time by replying to the text message with “STOP” or reaching to our Support team. To reach out, submit a completed form on our Contact page and a Support team member will respond to your query. Following such opt-out, you may continue to receive calls or messages for a short period of time while Zero processes your request. Please note, Zero may send you one additional message to confirm your opt-out. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply. For details about data rates please contact your mobile phone carrier.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms. You further agree and warrant that: Your Information. All information that you provide to Zero or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services. Account Circumvention. You will not use the Services to identify Milk(wo)men to complete offline transactions that circumvent your payment obligations for the Services.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Legal Compliance. You will comply with all applicable state, federal, and local laws while using the Services. You will not copy or distribute the Services without written permission from Zero. Access and Use. You may only access the Services using authorized means. You will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure you have the correct software and equipment for use with the Services. You will only use an access point or data account that you are authorized to use. Zero reserves the right to terminate your use of the Services if you use an incompatible or unauthorized device. Protection of Services and Users. You will not: Create Internet "links" to the Services or "frame" or "mirror" any software on any other server or wireless or Internet-based device.
Reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services. Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights. Send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Interfere with or disrupt the integrity or performance of the Services or the data contained therein. Attempt to gain unauthorized access to the Services or its related systems or networks. Try to harm the Services in any way.
Subject to your compliance with these Terms, Zero grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by Zero and its licensors.
RESIDENT, HOME OWNER OR TENANT OBLIGATIONS
In order to complete the Zero service, our milkwomen require access to your residence. Upon registration or request, you agree to provide Zero Milkwomen with access to your building using whatever key system your building uses, allowing Milkwomen to perform the task of delivery and service.
Residents, home owners or tenants warrant and agree that:
(1) Zero will be given unrestricted access to the home for service including but not limited to the building service days. Building service days are subject to change at any time. This unrestricted access will be made using whatever system is available for door locks, systems entry, keys, keyless entry, app based entry or fobs in the resident buildings
EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS, FOBS, ENTRY SYSTEM EQUIPMENT ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF RESIDENCES.
(2) Previously used jars an containers as provided by Zero will be left out in an easy to find or visible place, ideally in the milk crate provided or on the kitchen counter or in a suitable location where Milk(wo)men can find them to refill. Failure to leave jars or containers out will result in a new jar or container full of product being dispensed into the home. (3) Any empty or unused jars will be placed in the Zero milk crate provided. Items in the crate will be replaced with new jars containing new product. If Zero milk(wo)men are unable to find the jars or containers for refill they can refuse service at any time.
ZERO IN PARTNER BUILDINGS
Zero is operated by Zero Grocery, Inc. and may be offered as a gift to new or renewing residents. It is not a permanent or required service of the building. Resident agreements pertaining to Zero are with Zero Grocery Inc., not with the building owner or manager. Therefore, these services are outside the scope of any rent stabilization rights or obligations.
CONSENT TO AUTODIALED TEXT MESSAGES, TEXT MESSAGE EXCHANGES AND PHONE CALLS
You agree that Zero may contact you by text messages and phone calls with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Services, and may opt out at any time by contacting customer care. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Zero account information to ensure that your messages are not sent to the person that acquires your old number.
CONSENT TO CALL RECORDING
You agree that any phone calls to or from Zero may be monitored or recorded for quality assurance purposes.
CONSENT TO PHOTO OF JARS, CONTAINERS AND INSIDE OF FRIDGE AND KITCHEN CUPBOARDS AND COUNTER TOPS
You understand and agree that certain Milk(wo)men may take pictures, videos, and other forms of recorded media of your jars, containers kitchen cupboards, inside of fridge and counter tops during the course of providing Services to you. You further understand and agree that Milk(wo)men may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Zero through the Services. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Zero in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Zero’s sole discretion. Any photos, videos or other forms of media will not make the owners home identifiable nor reveal any personal information about the home owner or tenant nor will Zero publically reveal where the photos were taken. You agree that any photos, video or recorded medial can be used for in Research & Development of new technologies and you have no right, title or other ownership interest in the use of such media for the purposes of improving the Zero service.
ZERO INTELLECTUAL PROPERTY
Zero Grocery Inc. alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of the Services and all content therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, Zero trademarks, all copyrightable material (including source code and object code) and derivative works or enhancements of any of the above, unless ownership rights remain with a user as part of a User Submission, as described in the User Content section below. Zero alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Zero. The Zero name, Zero logo, and the product names associated with the Services are trademarks of Zero or third parties, and no right or license is granted to use them.
COPYRIGHT AND ALLEGED INTELLECTUAL PROPERTY VIOLATIONS BY USERS
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Zero, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing any intellectual property rights at our sole discretion, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please email email@example.com To learn more about the DMCA, click here.
For all User Submissions, you hereby grant Zero a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. However, pursuant to the Intellectual Property Terms & Conditions above, Zero alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, whether provided in a User Submission or not. If you store a User Submission in your own personal Zero account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Zero the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a "Limited Audience User Submission"), then you grant Zero the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (a "Public User Submission"), then you grant Zero the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Zero users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. Finally, you understand and agree that Zero, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
PAYMENT AND BILLING TERMS
You understand that use of the Services may result in charges to you for the services you receive from a Milkwoman and the Grocery Provider. After you have received services or goods obtained through your use of the Services, Zero will facilitate your payment of the applicable charges on behalf of the Milkwoman as such Milkwoman limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Milk(wo)man. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Zero. Zero will respond accordingly to any request from a Milk(wo)man to modify charges for a particular service. All charges are due immediately and payment will be facilitated by Zero using the preferred payment method designated in your Zero account, after which Zero will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Zero may, as the Milk(wo)man’s limited payment collection agent, use a secondary payment method in your account, if available. As between you and Zero, Zero reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in Zero’s sole discretion. Zero will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your Zero account regardless of your awareness of such charges or the amounts thereof. Zero may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. You may elect to cancel your request for services from a Milk(wo)man at any time prior to such Milk(wo)man’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Milk(wo)man for the services provided. Zero does not designate any portion of your payment as a tip or gratuity to the Milk(wo)man. Any representation by Zero to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Zero provides any additional amounts, beyond those described above, to the Milk(wo)man. You understand and agree that, while you are free to provide additional payment as a gratuity to any Milk(wo)man who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary.
After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Milk(wo)man and the Zero service.
You agree to pay the price applicable for all products you order and you agree to pay all applicable fees, including but not limited to delivery fees and taxes related to your use of our Sites and services. We may suspend or terminate your account and/or access to our services if your payment is late and/or your credit card cannot be processed. By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe’s [Terms of Service] (https://stripe.com/us/terms). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Company Properties or by email delivery to you.
Automatic Renewal: Your subscription will continue indefinitely until terminated in accordance with the Terms. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE RENEWAL COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (firstname.lastname@example.org) If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact us via email (email@example.com) If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
From time to time, Zero may offer a free trial. If you sign up for a free trial, your credit card will be billed once the free trial has expired, unless you cancel your subscription prior to the end of such free trial. See Section 7 for instructions on canceling.
All promotions, trials, credits, coupons, and discounts for free or discounted Orders are only allowed to be used once per person and may not be combined unless otherwise indicated in a promotional offer.
PLEASE NOTE: This is a recurring subscription. You understand that, until you terminate your subscription, your subscription will automatically renew. You expressly agree that your payment method on file and have no expressely cancelled the service. If you cancel an Order or terminate a subscription any fees charged prior to the effective date of cancellation/termination or orders placed prior to cancellation/termination, will not be refunded. See below for instructions on canceling or suspending your account and/or Order.
We will bill you upon delivery of service and goods, we will attempt to bill your account for the most recent Order, and for any outstanding balances on your account. If your credit or debit card cannot be immediately processed for any reason, we may make multiple attempts to process any payment due until the payment is successfully processed.
The Company’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that the Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
CODE OF CONDUCT
Due to the personalized nature of the Services you may, from time to time, personally interact with your Milkwoman. You acknowledge our Milkwomen are human beings that deserve your respect, and that your continued use of the Services is contingent upon your continued observance of the following code of conduct (“Code of Conduct”):
The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment of all involved, including you and our Milkwomen, when you use the Services. Accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to our Milkwomen or create a condition that endangers the health and safety of our Milkwomen; (ii) make or attempt any unwanted sexual advance or statement to our Milkwomen; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against our Milkwomen; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any behavior that discriminates against our Milkwomen because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of our Code of Conduct shall be deemed a material breach of these Terms, and the Company may terminate your Account and access and use of the Services without penalty.
PRICING AND AVALIABILITY
When you sign up for a Zero weekly grocery refill subscription, you are agreeing to pay the total amount of the subscription, and then to be billed in a pay-as-you-go basis for all groceries dispensed that week. You may choose to add additional products offered for sale to your initially selected products during the first grocery shop at any time thereafter. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. You can view the total amount of the order by logging into your Account Dashboard.
Although we make every effort to maintain the accuracy of information maintained on our Sites, including pricing information and product details, occasionally pricing or other information errors may occur. In the event that any product is listed at an incorrect price or with other incorrect information, we reserve the right to decline or cancel any such Orders, whether or not the order has been confirmed and/or your credit card charged.
DELIVERIES & REFILLS
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. You should properly store (including refrigeration when applicable) all items you receive. If you are not home when a delivery arrives, the delivery person, the milk(wo)man may enter your home without you being present. By using the Zero service you are giving express permission for Milkwomen to your home. Zero may or may not be able to leave packages outside the front door. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery if any such person is receiving the delivery. In cases in which you have designated an alternative receiver, such person shall accept the products under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you do not receive your delivery, if you are missing items, or if you are not completely satisfied with your order, please contact our Support team within 24 hours. To contact, submit a completed form on our Contact page and a Support team member will respond to your query to resolve the issue. You can text or email the Support team for help.
We are not responsible for (i) items delivered to incorrect addresses supplied during ordering; (ii) delivery issues and quality issues arising from the recipient not being present at the time of delivery or refill at the address supplied during ordering; (iii) decreased product quality due to an incorrect delivery address supplied during ordering, (iv) product quality problems caused by improper handling by the recipient.
There may be some instances, as a result of inclement weather, natural or national disaster, or other unforeseen circumstances, that your delivery cannot be made on your assigned delivery day. In those cases, we will make our best effort to deliver your order as close as possible to the assigned delivery day. In the case that we cannot deliver your box at all, we will notify you and credit your account for the missed delivery if necessary. We are able to change the date and time of delivery at any point. Zero is not responsible for notifying customers of when a delivery will be performed and cannot give any estimates of when deliveries will be carried out.
From time to time, Zero may offer pick-up sites. For any customers who are assigned to a pick-up site: Any orders not picked up during the time window of the pick-up site will be forfeited by the customer and become the property of Zero. Zero may donate the box, or use the box and its content at Zero’s discretion, as it sees fit.
Transactions Involving Alcohol
Alcoholic beverages may only be purchased by and on behalf of individuals who are at least twenty-one years old. If you purchase alcoholic beverages from Zero, you expressly represent and warrant that: (i) you are at least twenty-one years old, and (ii) you will provide bona fide identification showing your legal age to your Milkwoman prior to the purchase of any alcoholic beverages and, if requested by your Milkwoman, before delivery.
Zero attempts to be as accurate as possible with all of our product descriptions. However, Zero does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. The products delivered may vary from the images and descriptions viewed on the site due to a number of factors that are not within our control, including without limitation, system capabilities and constraints of your computer, manufacturing process issues, and the availability and variability of product, packaging, and raw materials. Although we will exercise commercially reasonable efforts to help ensure that the products conform to reasonable expectations, variations may sometimes occur. If a product offered by Zero itself is not as described, your sole remedy is to receive a credit or refund for the product. We are specifically working with produce items that are bulk. For this reason, photos are approximate and intended to communicate approximate amounts of groceries that you will receive. While we don’t anticipate weights to be incorrect, your sole remedy for any error or documented weight-related issue will be resolved via a credit or refund for the product in question.
RETURNS, REPLACEMENTS, CREDITS, AND REFUNDS
If you are dissatisfied with any product, please reach out to our Support. To reach out, submit a completed form on our Contact page and a Support team member will respond to your query and, depending on the circumstances, we will provide you a replacement, a full or partial refund of the purchase price for that box or product, or a full or partial credit of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit, or refund.
Zero reserves the right to refuse service, refuse distribution of credits or refunds, terminate accounts, terminate your rights to use Zero, or cancel orders in its sole discretion.
Once processed, please allow the refund amount to appear in your account after 5-10 business days.
Credits given may be for an item’s full or partial purchase price, or for some other amount determined by Zero in its discretion. Zero may occasionally provide you with Credits to thank you for your patience with a delayed delivery or to address a customer service issue. The issuance of such Credits and any Credit amounts are determined at the sole discretion of Zero. Zero may occasionally provide promotions, offers, and other communications, and Credits may be earned through these special offers communicated to you by Zero or its agents (each an “Offer”). Once you meet the criteria described in any Offer, you are eligible for the advertised Credits, under these Terms and any additional terms and conditions of each Offer. If there is a conflict between these Terms and the terms and conditions of any Offer, the Offer terms and conditions will control. Offers are not transferable. Offers may not be made available to all users.
Unless communicated to you otherwise by Zero, all Credits are automatically applied to your next Order. Certain Credits may not automatically be applied to your next Order and will require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which further requirements for applying Credits shall be communicated to you at the time of Credit issuance. Credits may not be applied to and/or redeemed for gift cards, gift subscriptions, taxes, fees, and for certain product and/or service categories as determined by Zero in its sole discretion.
Credits can be applied for up to twelve months after date of issuance and thereafter, Credits will automatically expire. Credits will expire if your account is inactive (not accepting delivery of an order during a five (5) month period), if you cancel your recurring subscription, or if your account is closed, and all unredeemed Credits at such time will be forfeited immediately and may not be reinstated.
All Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits may not be applied toward payment of any outstanding account balances or previous purchases. Once a Credit is redeemed, it will not be refundable or reinstated for any reason, including without limitation in connection with returned or exchanged purchases that were made with Credits.
Credits are displayed in the Billing History section of the Billing Details page within your Account. A valid account is required to check Credits. If any Credits are believed to have been sold, exchanged, or obtained fraudulently, those Credits will be void and will not be honored. At any time and in Zero’s sole discretion (including where a user was not eligible to earn certain Credits according to these Terms), Zero may correct the amount of Credits shown as credited to an Account.
If for some reason you believe that there is a discrepancy regarding your Credit balance, please submit a request on the Contact page and a Support team member will respond to your query. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
Zero may change the Credits program, associated Credits, and these Terms at any time, for any reason and without notice. Zero may make changes that affect, without limitation, processes, benefits, levels, and rules for receiving and using Credits, availability of Credits, Credit types, availability of Offers, and any other related benefits. Zero may terminate the Credits program with one month’s advance notice to active users. If the Credits program is terminated, upon termination, all unredeemed Credits will be forfeited without any obligation or liability, and Credits claims will no longer be honored. Zero may terminate the Credits program in whole or in part, in any jurisdiction, on less than one month's notice if required to do so by applicable law, as determined by Zero in its reasonable discretion. All Credits program benefits, offers, and services are subject to availability and may be changed at any time without notice.
Credits awarded by our Referral Program are also governed by our additional Referral Program Terms and Conditions.
IMPORTANT: This is a recurring subscription service. When you sign up for a recurring subscription, they do not include groceries or the purchase of any food or non-food items. You will need to make a separate selection of groceries at zeroshop.co which automatically signals the intent for refills every week thereafter. Orders will automatically be generated according to the weekly delivery schedule assigned to you when signing up. The scheduled delivery day or time may be changed by Zero during the duration of your subscription service. Going forward, your order will be delivered on your scheduled delivery day, unless you have canceled or suspended your delivery by the end of the appropriate customization window or other cutoff date if any such window or cutoff date is made available by Zero. Customization windows and cutoff dates vary by building and can be found in your account section. Any items in your cart at the end of the customization window or cutoff date and time will be delivered to you on your next scheduled delivery day. Any cancellations not made by the cutoff date will take effect the FOLLOWING week. If you wish to no longer receive recurring monthly subscription for the Zero service, cancel your subscription by logging into your Account or reaching out to our Support team. To reach out to Support, submit a completed form on our Contact page and a Customer Care Associate will respond to your query.
Any other use of our Sites or services beyond uses permitted in these Terms is prohibited and, therefore, constitutes an unauthorized use. This is because as between you and Zero, all rights in and to our Sites and services remain our property.
Unauthorized use may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use our Sites or services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
For any public or commercial purpose which includes use of our Site on another site; to advertise or promote a product, service, or company;
In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of our Site content or materials;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with or disrupt our Site or any servers or networks connected to this Site;
To access or use the Site or our services to collect any market research for a competing business;
To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or
Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.
The trademarks, service marks, and logos (collectively “Trademarks”) used and displayed on our various platforms are registered and unregistered trademarks or service marks of Zero and/or our licensors. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing.
All goodwill generated from the use of the Trademarks inures to our benefit and/or the benefit of our licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
By entering into these Terms and using the Services, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold Zero, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: your violation or breach of any term of these Terms or any applicable law or regulation; your violation of any rights of any third party, including Milk(wo)men; or your use or misuse of the Services.
You agree to indemnify, defend, and hold harmless Zero Grocery Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DISCLAIMER OF WARRANTIES
ZERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. ZERO DOES NOT REPRESENT OR WARRANT THAT: THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ANY STORED DATA WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ZERO. ZERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. INTERNET DELAYS ZERO’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ZERO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. LIMITATION OF LIABILITY ZERO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZERO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A PET OWNER AND ANY PET CARE PROVIDER, EVEN IF ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZERO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZERO’S REASONABLE CONTROL. IN NO EVENT SHALL ZERO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). ZERO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES WITH PET CARE PROVIDERS, BUT YOU AGREE THAT ZERO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE SERVICES PROVIDED TO YOU BY PET CARE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US.
TO THE EXTENT THAT THE PRODUCTS CONTAIN ALLERGENS REQUIRED TO BE DISCLOSED BY LAW, OUR PRODUCTS ARE MARKED ACCORDINGLY. HOWEVER, OUR PRODUCTS ARE NOT MADE IN AN ALLERGEN FREE FACILITY AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE.
ZERO IS NOT RESPONSIBLE FOR YOUR ACTIONS AFTER YOUR ORDER HAS BEEN DELIVERED TO THE PROVIDED ADDRESS. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT ZERO, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS.
Any information provided by us on the Site regarding the products or otherwise (e.g. product descriptions, promotional videos, or blog posts) is for informational purposes only and, as our products are always changing based on the availability of produce that meets our standards, may not necessarily be applicable to the products you purchase. You should read and strictly follow all product labels, packaging inserts and instructions that accompany the products and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Without limiting the generality of the foregoing, we make no warranty that our products or this Website will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall create any warranty.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZERO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ZERO OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ZERO ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM ZERO EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ZERO’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims
LINKS TO THIRD-PARTY SITES
We sometimes provide links on our Sites to third-party websites. If you use these links, you will leave our Site. We are not obligated to review any third-party websites that you link to from this Site, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Therefore, expressly stated on our Site, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from one of our Sites, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of our Sites may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on our Sites to be shared with your contacts in your third-party site account.
During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Zero and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Zero does not endorse any sites on the Internet that are linked through the Services, and in no event shall Zero or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Zero disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. Zero may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Zero reserves the right to charge you a higher fee for the Services should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on Zero’s website located at https://www.zeroshop.co. Zero may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
LOCAL LAWS; EXPORT CONTROL
We control and operate the Sites from our headquarters in the United States of America and the entirety of the Sites may not be appropriate or available for use in other locations. If you use a Site from outside the United States of America, you are solely responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively “Feedback”), suggesting or recommending changes to the Sites or services, including new features or functionality relating to the services, all Feedback is and will be treated as non-confidential and non-proprietary. You assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using the Feedback. Where the above assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution.
Zero may give notice by means of a general notice on the Services, electronic mail to your email address on record in Zero’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Zero's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending. You may give notice to Zero (such notice shall be deemed given when received by Zero) by sending an electronic mail message to Zero at: firstname.lastname@example.org
These Terms may not be assigned by you without the prior written approval of Zero but may be assigned at any time by Zero to: a parent or subsidiary an acquirer of assets a successor by merger Any purported assignment in violation of this section shall be void.
TERM AND TERMINATION OF TERMS
These Terms are effective upon your access or use of the Services. You or Zero may terminate your participation in the Services at any time, for any reason and Zero may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or Zero terminate your participation or access to the Services.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Zero. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND ZERO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by submitting a completed form on our Contact page with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by submitting a completed form on our Contact page with the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either San Francisco, CA or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to San Francisco so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Sites can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Sites. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the notice address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
CHOICE OF LAW
Except as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms will be governed by the laws of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and does not create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. GENERAL No joint venture, partnership, employment, or agency relationship exists between you, Zero or any third party provider as a result of these Terms or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Zero to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zero in writing. These Terms comprise the entire agreement between you and Zero and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. THIRD PARTY APPLICATIONS The Services may be available or accessed in connection with Zero applications (“Applications”) made available by third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play. Both you and Zero acknowledge that the Terms are concluded between you and Zero only, and not with any Provider, and that a Provider is not responsible for the Zero Services; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with a Provider’s device that you own or control; You acknowledge and agree that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Provider of such failure; upon notification, the Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that Zero, and not the Provider, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Zero, and not the Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and Zero acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both you and Zero acknowledge and agree that the Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
You hereby release the Company Parties and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of the Milkwomen or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.
You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
Change to these Terms
Company may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data you have stored on the Service, unless Company is required to retain it by law. You may terminate your registration at any time. Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations of liability that favor Company will survive the expiration or termination of these Terms for any reason, including Sections 9, 12, 16, 17 and 20. You can request to have your keys either mailed back via certified mail at approximately $4-$6 or have them securely destroyed. If no one is available to sign for your keys upon their delivery back to you and you are unable to retrieve them from your local post office branch within the time allotted by USPS, they will be delivered back to our office and securely destroyed at that time.
If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and any policies or operating rules posted by us on the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Sites and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Sites will be heard in the courts located in San Francisco, California, USA.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites and our services are provided by Zero Grocery Inc, 514 2nd Ave, Redwood City, CA 94063, USA. If you have a question or complaint regarding a Site or service, please contact Support by submitting a completed form on our Contact page and a Support team member will respond to your query. You may also contact us by writing by Zero Grocery Inc, 514 2nd Ave, Redwood City, CA 94063, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Customer Service by submitting a completed form on our Contact page.
Read more at: https://zeroshop.co.terms