Terms of Use
Welcome to the website of FreshBasket, your neighborhood market, reimagined for the digital age. By accessing and using this website, you agree to be bound by the following terms and conditions. Please read them carefully before you proceed.
1. Acceptance of Terms
These terms of use (“Terms”) govern your access to and use of the website located at freshbasket.com (“Website”) and any services, content, features, or applications offered by Freshbasket or its affiliates through the Website (“Services”). These Terms constitute a legal agreement between you and Freshbasket, and by accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website or Services.
2. Modification of Terms
FreshBasket reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued access or use of the Website or Services after such posting constitutes your acceptance of the modified or updated Terms. You should review these Terms periodically to ensure that you are aware of any changes.
3. Eligibility and Registration
To access or use some features or functions of the Website or Services, you may be required to register an account with Freshbasket. You must be at least 18 years old to register an account and use the Website or Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality and security of your account credentials and for any activities that occur under your account. You agree to notify Freshbasket immediately of any unauthorized access or use of your account or any other breach of security.
4. License and Restrictions
Subject to your compliance with these Terms, Freshbasket grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services for your personal and non-commercial purposes only. You may not use the Website or Services for any other purposes without the prior written consent of Freshbasket. You may not:
- copy, modify, distribute, sell, lease, rent, sublicense, or create derivative works from the Website or Services;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Website or Services;
- interfere with, disrupt, damage, or compromise the security or functionality of the Website or Services or any data, content, or information transmitted through the Website or Services;
- use any automated means, such as bots, scripts, spiders, scrapers, crawlers, or robots, to access, monitor, collect, harvest, extract, or manipulate any data, content, or information from the Website or Services;
- violate any applicable laws, regulations, rules, or policies in connection with your access or use of the Website or Services;
- infringe or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party in connection with your access or use of the Website or Services;
- transmit any unlawful, harmful, abusive, harassing, defamatory, libelous, slanderous, threatening, obscene, vulgar, pornographic, racist, sexist, discriminatory, offensive, profane or otherwise objectionable content or material through the Website or Services;
- impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with your access or use of the Website or Services.
5. Intellectual Property Rights
The Website and Services and all related content, features, functions, designs, graphics, logos, icons, images, texts, audios, videos, software, code, data and other materials are owned by Freshbasket or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title or interest in or to the Website or Services or any related content, features, functions, designs, graphics, logos, icons, images, texts, audios, videos, software, code, data or other materials. You acknowledge and agree that any feedback, suggestions, comments or ideas that you provide to Freshbasket regarding the Website or Services are non-confidential and non-proprietary and that Freshbasket may use them for any purpose without compensation or attribution to you.
6. Third-Party Links and Content
The Website or Services may contain links to other websites or resources that are not owned or controlled by Freshbasket. These links are provided for your convenience only and do not imply any endorsement or affiliation by Freshbasket. You acknowledge and agree that Freshbasket is not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, services, or information offered by them. You access and use such websites or resources at your own risk and subject to the terms and conditions of those websites or resources.
The Website or Services may also display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Content”). You acknowledge and agree that Freshbasket is not responsible or liable for the accuracy, completeness, timeliness, validity, legality, reliability, quality, or suitability of any Third-Party Content. You access and use such Third-Party Content at your own risk and subject to the terms and conditions of the third parties providing such content.
7. Disclaimer of Warranties
The Website and Services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied. To the fullest extent permitted by law, Freshbasket disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and freedom from errors or interruptions. Freshbasket does not warrant that the Website or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Freshbasket does not warrant that the Website or Services will meet your requirements or expectations or that any results obtained from the Website or Services will be accurate, reliable, or satisfactory. You acknowledge and agree that your access and use of the Website or Services are at your own discretion and risk and that you are solely responsible for any damages or losses that may result from your access or use of the Website or Services.
8. Limitation of Liability
To the fullest extent permitted by law, in no event will Freshbasket or its affiliates, directors, officers, employees, agents, contractors, licensors, suppliers, partners, or representatives be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind arising out of or in connection with your access or use of or inability to access or use the Website or Services or any content, products, services, information, or materials available on or through the Website or Services, whether based on contract, tort, negligence, strict liability, statute, or otherwise, even if Freshbasket has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In such cases, the liability of Freshbasket will be limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend and hold harmless Freshbasket and its affiliates, directors, officers, employees, agents, contractors, licensors, suppliers, partners, and representatives from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your access or use of or inability to access or use the Website or Services or any content, products, services, information, or materials available on or through the Website or Services; your violation of these Terms; your violation of any rights of any third party; your violation of any applicable laws, regulations, rules, or policies; or your feedback, suggestions, comments or ideas that you provide to Freshbasket regarding the Website or Services.
10. Termination
Freshbasket reserves the right to terminate your access to and use of the Website and Services at any time and for any reason, with or without notice, at its sole discretion. You may also terminate your access to and use of the Website and Services at any time by closing your account and discontinuing your access to and use of the Website and Services.
Upon termination, your account, license, and rights under these Terms will cease immediately, and you must stop accessing and using the Website and Services. The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to sections 5, 6, 7, 8, 9, 10 and 11.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the country of Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the state and courts located in Canada, for any disputes arising out of or relating to these Terms, the Website, the Services or your access to or use of the Website or Services.
12. Contact Us
If you have any questions or concerns about these Terms, please contact us at order@freshbasket.com.
Thank you for using Freshbasket. We hope you enjoy our website and services!