Online Ordering (E-Commerce) Terms of Use

The following terms of use apply only if you are utilizing our Online Ordering (E-Commerce) Services (“Online Ordering Services”) on our websites, mobile applications or other platforms referencing these Online Ordering (E-Commerce) Terms of Use (each a “Site” or collectively “Sites”).  You may be required to accept additional third-party service provider terms in the event such terms are displayed at the time of purchase or checkout.  In order to use our Online Ordering Services you hereby agree to the following additional terms in addition to any additional terms displayed at the time of purchase or checkout.  If you are not using our Online Ordering Services then the following terms in this Section will not apply to you.

Delivery Persons

Delivery persons utilize our third-party service providers’ services, to independently select and execute delivery jobs to deliver products that our customers purchase on the Sites in exchange for a fee from the third-party service provider. Delivery persons do not themselves provide products. Delivery persons are independent contractors and are not engaged in any employment or agency relationship with us or our retailer partners, stores or customers.

Mobile Applications

With respect to the mobile Site, you will use the Site and our services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android; and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use. With regard to your use of the iOS version of the Site and our services, you acknowledge and agree that (i) these Terms of Use are between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the Site and our services including content offered thereon. Your use of the Sites and our services must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites or our Services. In the event of any failure of the Sites or our services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile Site and our services (if any) to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites or our services. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us, subject to these Terms of Use. You and us acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Sites or the Services or your possession and use of the Sites or our Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Sites or our services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and us acknowledge that, in the event of any third-party claim that the Sites or our services or your possession and use of the Sites or our services infringe that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, these Terms of Use. You and us acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your use of the Sites and our Services, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your use of the Sites or our services against you as a third-party beneficiary thereof.  

Online Ordering (E-Commerce) Service Limitations and Requirements

You must be at least eighteen (18) years old to utilize the Online Ordering Services. Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, you represent and warrant that you are age 21 or older. For alcohol purchases, the delivery person reserves the right to refuse delivery where the recipient cannot provide proper identification matching the order and showing legal age. Valid forms of identification must include photo identification, such as a valid driver license; a passport, or a valid Armed Forces ID card. Delivery persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others. Alcohol and tobacco deliveries may be limited in some markets and locales.

Third-Party Ordering Service

If you submit orders through a third-party site or application you may be required to have an account with such third party and may be transferred to such third party’s website or application to complete transactions. Any orders submitted through such third-party sites or applications are solely between you and the applicable third party, not us or our service providers. These Terms of Use do not apply to orders placed through a third party’s website or application. If you use a third party’s website or application for an order from a retailer that utilizes these Sites, you will be subject to the terms and policies posted by that third party and we, including our service providers, are not responsible for those terms or policies or acts or omissions of those third parties.

Payments

The Online Ordering Services will process your payment information as a customer to make payments for your orders. You will be prompted to confirm payments before submitting your order finally to us. Unless otherwise agreed mutually in writing, all payments are non-refundable. There may be a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in our discretion. You are encouraged to check our current statement of fees for up-to-date information before executing new orders.

If you are submitting payment information through the Online Ordering Services authorize us and our third-party service providers to process payments for orders according to the payment method specified in your account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to our third-party service provider’s verification of your account and available credit or balance for the intended purchase. Please note that the hold may include an amount which is greater than the actual purchase amount for the purposes of supporting change orders, substitutions or if the amount held is an estimate and not the actual final charge.  Upon completion or cancellation of your order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on your account holder.

SNAP/EBT

Swiftly allows customers in certain locations/stores to pay for online orders of SNAP eligible items. By providing your EBT information, you represent and warrant that you are authorized to legally use the designated payment information and that you authorize us to use that EBT information for the Services. If the payment information cannot be verified, is invalid or is otherwise not acceptable, the Services may be suspended or cancelled.

• SNAP Eligible Items. You may purchase SNAP eligible items with your EBT card. SNAP eligible items are determined by the U.S. Department of Agriculture. You can learn more about shopping for EBT eligible items here.•
• Payment. By associating your SNAP EBT card to your Swiftly account, you confirm that your card information is current and valid. In addition, a credit or debit card must also be linked to your Swiftly account to cover fees, taxes, delivery tips, and any other non-EBT eligible items you may want to purchase.  Currently Swiftly cannot accept EBT cash. To pay for eligible food items on Swiftly you can use SNAP EBT funds.

Refunds

Refunds, credits, and order changes are processed by the Online Ordering Services on a case-by-case basis in our discretion.  Our policy is to diligently and with good faith assist customers in processing these requests. This refund policy always applies regardless of any disruptions or downtime in the Online Ordering Services for any reason whatsoever.

Returning Items to a Store

Stores and delivery persons give the original receipt to customers. Delivery persons are not obligated to return items to a store for customers; however, delivery persons are free to independently agree to do so for a customer subject to the delivery person’s terms with the applicable third-party service provider providing the delivery services.

Order Changes

You acknowledge that after placing an order through our Sites, the order may be processed quickly by an applicable store/retailer and delivery person. Once an order is in process, it may not be changed without the consent of the store/retailer and delivery person where applicable.

Surcharge

Canceled orders may incur a surcharge. You are encouraged to check our current statement of fees and cancellation policies if applicable.

Store Pricing

Stores/retailers are required to provide up-to-date and accurate pricing to customers through the Sites. If the product has already been purchased and delivered to you (or is in the process of delivery by the delivery person), then the store/retailer agrees to abide by the pricing then published on the Sites.  In certain circumstances in-store pricing may be different from online on the Sites pricing.  You may not rely on pricing that is described on the Sites pricing to be the same as in-store.  An offer made for products/services on the Sites is not required to be honored as an offer made for purchase in-store.

Store Inventory and Offers

The Online Ordering Services monitor inventory data to ensure its accuracy before uploading to the Sites and after uploading while it is being showcased to customers but some items may still be unavailable even if the Online Ordering Services indicate the item is available. We may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Sites at any time without notice to you. Not all products are available at all of our stores or for online ordering or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred pickup location). You shall not misuse or reproduce Offerings, such as by creating multiple accounts to use the same Offering.

Customer Specifications

When purchasing a product, you will have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores/retailers and delivery persons will use reasonable efforts to read and attempt to fulfill customer comments and specifications, but we make no guarantees regarding the fulfillment of such comments and specifications. You agree to be reasonable with delivery persons and stores/retailers in all parties’ requests. Please note that any request is subject to availability.

Communications

We may provide your contact information to a particular store/retailer or delivery person solely for the purposes of communication regarding a transaction or order. The store/retailer and/or delivery person is responsible for maintaining the privacy of your contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes.

By agreeing to these Terms of Use, you agree that all communications from us relating to your use of or access to the Sites may be provided or made available to you electronically by email, “in-Site” messaging or by posting a communication on the Site or via text or phone as set forth below. Your consent to receive communications and do business electronically, and our rights to do so, applies to all your interactions and transactions with us and our agents concerning your Site usage and access.

For purposes of the Online Ordering Services operations or a specific transaction, you agree to receive text messages and phone calls at the phone number provided to the Online Ordering Services, and also emails to the email address provided to the Online Ordering Services, and also written correspondence to the address provided to the Online Ordering Services. Such communications may be sent by us or our third-party service providers and delivery persons. You will not be able to use the Online Ordering Services without agreeing to receive such communications.

For purposes of promotional communications and text messages, you may be able to opt-out or limit your receipt of push notifications, text messages or promotional communications from us or our third-party service providers, please find additional information in our privacy policy or the policies of your retailers.  Further, emails may have instructions about how to opt-out of further receipt of such messages.

Off-Platform Links

The Online Ordering Services may contain links to third-party websites and services, such as recipe providers, DoorDash or GrubHub or other delivery partners. We are not responsible for and do not specifically endorse or accept any responsibility for the contents or use of these third-party websites. We provide these links as a convenience only, and the inclusion of any link does not imply endorsement by us. It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.

Delivery Fees

You acknowledge that delivery fees will apply as will be displayed in your account and checkout.

Tips

You are free and encouraged to give monetary tips to delivery persons. Such tips are solely the income of the delivery person and are not received or accounted in any manner by the Online Ordering Services or stores/retailers.

User Submissions

Except where expressly provided otherwise by us, all comments, feedback, information or content submitted to the Online Ordering Services through or in association with the Services (“Submissions”) shall be considered non-confidential, and we shall be free to use such Submissions on an unrestricted basis or as provided by an agreement with us.

Each party making Submissions grants us a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.

Nonpayment

If payment for purchases on your account is delinquent, your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.

Delivery

You are responsible for providing the delivery person with access to your designated delivery location. Delivery persons are entitled to rely upon their reasonable interpretation of the description of your delivery location.

If you require delivery to a person at a location, then the delivery person may only drop off the goods with a person at your designated location. If a person is not present at the designated delivery location when the delivery person arrives to complete the delivery, then the delivery person may either (1) attempt to contact you to schedule delivery at a later time, or (2) return the order to the store/retailer so that you can pick up at your earliest opportunity within a reasonable time – and in either case, we reserve the right to charge you the full amount of the order, along with a redelivery surcharge.

If you allow drop-off to an unmanned location, then the delivery person may drop off the goods at your designated location. Delivery person may take a photo of the dropped off order and upload to the Online Ordering Services for your convenience as proof of delivery.

We will use reasonable efforts to have deliveries made by the dates and times indicated in the Online Ordering Services for a particular order. Otherwise, delivery times are governed by general standards of reasonableness.

If goods are damaged in transit, the party that assumes the risk of damaged goods will be responsible, provided that (i) if the damage is apparent at the time of delivery, the damage is identified by you at the time of delivery by you notifying the delivery person or (ii) if the damage is not apparent at the time of delivery but after unpacking the delivery, you promptly notify us.

Disclaimer of Warranties Applicable to Online Ordering Services

WE RELY UPON STORES/RETAILERS AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL PURPOSES AND IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.

WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS OR THIRD PARTIES.

DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY.  WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.

Assumption Of Risk And Release Of Liability For Online Ordering Services.

YOU UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU CHOOSE TO USE THE ONLINE ORDERING SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES US FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY PERSONS.  WE DO NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF DELIVERY PERSONS NOR DO WE INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES/RETAILERS. WE ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS.  WE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU, DELIVERY PERSONS, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS.