Terms and Conditions

1. Introduction

Welcome to FoodMarts ("Platform"). These Terms and Conditions ("Terms") govern your access to and use of our website (foodmarts.co.uk), mobile applications, and associated services (collectively, the "Services"). Our Services connect local food stores ("Vendors") with customers ("Buyers").

By accessing our website, registering an account, or using our Services, you agree to be bound by these Terms in full. If you do not agree with any part of these Terms, you must not use our Services. Please read these Terms carefully.

We also recommend you review our Privacy Policy, which explains how we collect and use your personal information.

2. Definitions

• "FoodMarts", "We", "Us", "Our" refers to the operator of the Platform.
• "User", "You", "Your" refers to any individual or entity using our Services, including Buyers and Vendors.
• "Buyer" refers to a User who browses, orders, or purchases Goods through the Platform.
• "Vendor" refers to a local food store or business that registers on the Platform to list and sell their Goods.
• "Platform" refers to the FoodMarts website (foodmarts.co.uk), any associated mobile applications, and the underlying technology enabling the Services.
• "Services" refers to all services provided by FoodMarts, including facilitating connections between Buyers and Vendors, enabling the listing and discovery of Goods, and processing orders.
• "Goods" refers to the food products, beverages, and other items offered for sale by Vendors on the Platform.
• "Account" refers to the registered user account required to access certain features of the Services.

3. Role of FoodMarts

FoodMarts acts as an intermediary platform that enables Buyers to find and purchase Goods from local Vendors. We are not the seller of the Goods. The contract for the purchase of Goods is directly between the Buyer and the Vendor.

FoodMarts does not own, store, prepare, inspect, or deliver the Goods unless explicitly stated otherwise for a specific service. Our role is limited to:

• Providing an online marketplace for Vendors to list their Goods.
• Facilitating the discovery of Vendors and Goods by Buyers.
• Processing order placements and payments between Buyers and Vendors.

We are not responsible for the quality, safety, legality, availability, or accuracy of the Goods or listings provided by Vendors.

4. User Account and Eligibility

To use certain features of our Services (e.g., placing orders, registering as a Vendor), you must create an Account. You must be at least 18 years old to create an Account and use our Services.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your Account password and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account. FoodMarts cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

5. Ordering and Payment

When placing an order through the Platform, you are making an offer to purchase Goods from the selected Vendor. The Vendor is responsible for accepting or rejecting orders. A contract for the supply of Goods is formed between you (the Buyer) and the Vendor once the Vendor accepts your order.

You agree to provide accurate and complete information for all orders. All prices for Goods are determined by the Vendors and are displayed on the Platform. Prices are inclusive of applicable taxes unless stated otherwise.

Payment for Goods must be made through the payment methods available on the Platform at the time of ordering. FoodMarts facilitates payment processing on behalf of Vendors. By making a purchase, you authorize FoodMarts or its third-party payment processors to charge your selected payment method.

6. Vendor Terms and Responsibilities

Vendors who register and use the Platform to sell Goods are subject to a separate Vendor Agreement, which will be presented during the vendor registration process and forms part of these Terms.

Key Vendor responsibilities include, but are not limited to:

• Providing accurate, complete, and up-to-date information about their store and Goods, including pricing, availability, descriptions, ingredients, and allergen information.
• Complying with all applicable laws and regulations, including food safety, hygiene standards, labeling, and licensing requirements.
• Fulfilling accepted orders in a timely and professional manner.
• Managing their own inventory and ensuring listed Goods are available.
• Handling customer inquiries, complaints, returns, and refunds in accordance with their policies, applicable law, and our Returns and Refunds Policy.

7. Product Information and Allergens

All information about Goods, including descriptions, images, prices, ingredients, and allergen information, is provided by the Vendors. While FoodMarts requires Vendors to provide accurate information, we do not independently verify this information and cannot guarantee its accuracy, completeness, or suitability.

Buyers are responsible for reviewing all product information carefully, especially if they have allergies or dietary restrictions. If you have any concerns about allergens or ingredients, please contact the Vendor directly through the Platform before placing an order. FoodMarts is not liable for any adverse reactions or issues arising from ingredients or allergens in Goods supplied by Vendors.

8. Delivery

Delivery of Goods is typically the responsibility of the Vendor, either through their own delivery staff or a third-party delivery service they engage. Estimated delivery times, costs, and available areas will be indicated by the Vendor at the time of ordering.

FoodMarts is not responsible for any issues arising from the delivery process, including delays, damage to Goods during transit, or non-delivery, unless FoodMarts explicitly offers and manages a specific delivery service for that order. Any disputes regarding delivery should be directed to the Vendor.

9. Returns, Refunds, and Cancellations

Returns, refunds, and order cancellations are primarily governed by the individual Vendor's policy, which must comply with applicable consumer rights laws. Details of a Vendor's specific policy may be available on their store page on the Platform or by contacting them directly.

Given the perishable nature of many food Goods, returns may not always be possible. If you have an issue with your order (e.g., incorrect items, quality concerns), you should contact the Vendor directly as soon as possible.

FoodMarts may facilitate communication between Buyers and Vendors regarding disputes but is not obligated to provide refunds for Goods sold by Vendors. Please refer to our separate Returns and Refunds Policy for more information on the process and how FoodMarts may assist.

10. User Conduct

You agree not to use the Services for any unlawful purpose or in any way that could harm FoodMarts, Vendors, other Users, or any third party. Prohibited conduct includes, but is not limited to:

• Violating any applicable local, national, or international law or regulation.
• Posting false, inaccurate, misleading, defamatory, or libelous content.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Transmitting viruses, spam, or any other malicious or disruptive code.
• Attempting to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
• Using the Platform to harass, abuse, or harm another person.

11. Intellectual Property

All content on the Platform, including text, graphics, logos, images, software, and the compilation thereof (meaning the collection, arrangement, and assembly) is the property of FoodMarts, its Vendors, or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Platform and Services for personal, non-commercial use (for Buyers) or for managing your store and sales (for Vendors), subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as generally permitted through the Platform's functionality.

By submitting content to the Platform (e.g., reviews by Buyers, product listings by Vendors), you grant FoodMarts a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Services and FoodMarts' (and its successors' and affiliates') business.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOODMARTS (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR:

• THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY VENDORS OR BUYERS.
• THE QUALITY, SAFETY, LEGALITY, AVAILABILITY, OR ACCURACY OF GOODS OR LISTINGS PROVIDED BY VENDORS.
• ANY DISPUTES, LOSSES, OR DAMAGES ARISING BETWEEN BUYERS AND VENDORS.
• ANY ISSUES RELATED TO THE DELIVERY OR NON-DELIVERY OF GOODS BY VENDORS OR THEIR DELIVERY PARTNERS.
• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

FOODMARTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES (IF ANY) PAID BY YOU TO FOODMARTS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED POUNDS STERLING (£100).

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless FoodMarts, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform, or any dispute between you and another User (e.g., Buyer-Vendor dispute).

14. Termination or Suspension

We may, in our sole discretion, suspend or terminate your Account and access to the Services at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Services or contact us.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms and Conditions

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Platform and updating the "Last Updated" date. In some cases, we may provide additional notice, such as by sending an email or displaying a prominent notice on our Services.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified terms, you should discontinue your use of the Services.

16. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom.

You agree that the courts of the United Kingdom will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation.

17. Dispute Resolution

We encourage you to contact us first if you have a dispute with FoodMarts. We will try to resolve disputes informally.

For disputes between Buyers and Vendors, FoodMarts encourages direct communication to resolve issues. FoodMarts may, at its discretion, offer assistance or a mediation process but is not obligated to do so and is not a party to such disputes.

18. Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement: These Terms, along with our Privacy Policy and any Vendor Agreement (if applicable), constitute the entire agreement between you and FoodMarts regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Waiver: No waiver by FoodMarts of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FoodMarts to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without FoodMarts' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FoodMarts may freely assign or transfer these Terms without restriction.

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us at [email protected].