Terms of Service

GMI, its affiliates and subsidiaries or “us,” “our,” “we”) provides a website and mobile application (collectively the “Site”) through which you can view and order groceries, which we shall deliver to your address in the area we service. These Terms of Services (“Terms”) govern your access to and use of the Site and all content (“Content,” as further defined below) and services available through the Site, including but not limited to order processing and delivery or arranging for delivery of product orders (the “Services”). “You” means any adult user of the Site or Services, using the Services or any parent or guardian of any minor whom you allow to use the Site or Services, and for whom you will be held strictly responsible.

Please read these Terms carefully. These Terms govern your access to and use of the Site and Services. By clicking on the button marked “I agree,” you signify your assent to both these Terms and our Privacy Policy, which is available at shop.netcostmarket.com/policies. Changes may be made to these Terms from time to time. Your continued use of the Site and/or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” or use the Site and/or Services.

Account Registration

Access to the Services is provided by creating an account through the use of a user name and a password upon registration. You may also register by logging in through your Facebook account and/or other approved third-party logins. We may change the method of registration at our discretion. By registering through Facebook and/or any other approved third-party login, you represent and warrant that the Facebook and/or other third-party login account is yours and you have full rights to provide us with the information in this account. You agree to immediately notify GMI, its affiliates and subsidiaries of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system or mobile phone device and all activity on your account, even if such activities were not committed by you. GMI, its affiliates and subsidiaries will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold GMI, its affiliates and subsidiaries harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site and/or Services. GMI, its affiliates and subsidiaries reserves the right to refuse to allow you to use your account for any reason, at its sole discretion.

You must keep all your account information current, including address, payment information, telephone number and email address. You can make changes and updates to your personal information on the Site.

GMI, its affiliates and subsidiaries reserves the right to use any and all of your account registration and contact information for GMI, its affiliates and subsidiaries provision of Services.

Services

Ordering

The Services enable you to order certain products through the Site ("Order") and have such Order delivered at a Delivery Address (as defined below) during Delivery Hours (as defined below) as available on the Site and as opted by you completion of your Order ("Delivery"). We receive fresh products daily to assure you will receive the highest quality products. Due to the perishable nature of certain products, such products may be unavailable due to market conditions beyond our control or quality that is below our standards. Upon completion of your Order, you may opt to request us to provide you with a product that is very similar to one you ordered, in case the product you ordered is unavailable. If we are unable to fulfill your entire Order with the products you have ordered and/or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). You shall not have a valid claim against Company for failure to deliver all products in your Order. Once you complete your Order, the prices of the products you ordered are guaranteed unless you placed an order for a product where we have mistakenly listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered Orders for such incorrectly-priced products; we will contact you in such circumstances and you shall not be charged any payment for such cancelled Order(s). We reserve the right to limit your Order or the quantity of a particular product that you may order.

Orders must be received before posted cutoff times for a given delivery (see Delivery, as detailed below). Note that modified orders are subject to price changes and we do not guarantee the availability of any product ordered.

Delivery

Following completion of your order, you must choose a delivery date, select Delivery Hours and provide a Delivery Address where your order should be delivered. Available delivery dates and hours and associated delivery fees will be shown during the ordering process on the Site. Note that GMI, its affiliates and subsidiaries Delivery services are applicable in GMI, its affiliates and subsidiaries [Company's delivery zone only, as specified on the Site. Any Deliveries to areas outside of GMI, its affiliates and subsidiaries designated delivery zone shall not be accepted by GMI, its affiliates and subsidiaries.

GMI, its affiliates and subsidiaries shall deliver your order to your Delivery Address, subject to these Terms. In order to receive the Order, you must list a delivery address within GMI, its affiliates and subsidiaries designated delivery zone ("Delivery Address"). To receive the delivery during your selected delivery hours ("Delivery Hours"), you or your authorized representative must be present at the Delivery Address, unless you opt for the option of leaving the delivery in front of your door ("Non-Personal Delivery"). If you or your authorized representative are not present at the Delivery Address and/or not opening the door during the Delivery Time, GMI, its affiliates and subsidiaries shall not be liable for any damages and/or theft and/or (reduced) quality of the products caused due to the fact that the delivery has not been accepted upon delivery. The authorized representative can accept your goods when you are not present and shall accept the Delivery under all of the same terms and conditions that would apply had you accepted the Delivery yourself. Anyone at the Delivery Address who is: (1) above the age of eighteen (18) and/or (2) receives the Delivery, is presumed to be authorized to receive such Delivery. For the removal of doubt, unless you choose the Non-Personal Delivery option, upon completion of your Order, during the Delivery Hours, it is your responsibility to be present at the Delivery Address and/or to ensure your authorized representative is present at the Delivery Address, in order to receive the delivery.

You will receive an email invoice the day of your Delivery. If something is missing from your Order, please contact us at ecommerce@netcostmarket.com specified on the Site.

In certain cases, self-pick-up at one of the Company's branches is feasible. Please check with GMI, its affiliates and subsidiaries to determine whether this is an option.

In case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your Order, a [GMI, its affiliates and representative may contact you to notify you of such delay and let you know the status of your delivery time. We will attempt to deliver your Order as quickly as possible when the conditions permit.

Payment and Fees

Company does not guarantee that the product pricing on the Site will be identical to the prices of the same products sold at the various GMI, its affiliates and subsidiaries branches. Additionally, the correct price for any given product supplied through the Services is the price appearing in the order confirmation and not the price appearing on the product itself and include applicable sales tax.

Products offered for sale at promotional prices will be provided at the offer price subject to such offer’s validity either at the time you confirm the Order or at the time of Delivery.

Because perishable products are individually prepared based upon your order, the per-product price you see in your shopping cart for variable weight products is based on an estimated weight. The final price of these products will be based on the same price per pound or applicable measurement unit or part thereof indicated at the point of order, but the actual price charged is determined only once we have prepared and weighed your Order, and that actual price will appear on the invoice issued to you at the time of Delivery. Note that products sold and supplied by weight, there may be a reasonable deviation between the ordered weight and the weight actually supplied, so that the price will be calculated according to the weight of the product actually supplied to you.

Your Order may be subject to a minimum purchase order total, not including taxes, delivery fees, and surcharges. Such minimum purchase order may change based on the Delivery area and distance to and from GMI, its affiliates and subsidiaries store.

A delivery fee will be added to your Order. Such delivery fee may change depending on where the Order is being delivered, as well as the day and time of day when such Order is being delivered. Any such fee is not a gratuity or tip for the delivery personnel who delivers or is otherwise involved with the Delivery and will not be given to any such delivery personnel as a gratuity.

To place an Order, you may pay through a third-party payment processor, or you may pay at the store. Your Card will be charged for your Order on the day your Order is delivered. GMI, its affiliates and subsidiaries will not process an order that attempts to use an incorrect, expired or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an Order is proceed, GMI, its affiliates and subsidiaries reserves the right to collect funds for any uncollected transaction charges or fees owed. You shall be responsible and liable for any fees that GMI, its affiliates and subsidiaries may incur in its efforts to collect any unpaid balances from you including, but not limited to, attorneys’ fees and collection costs.

In the event that your Card is charged an inaccurate amount, you will either be refunded the additional amount (if the amount charged was more than what you owed) or your Card will be charged an additional amount (if the amount charged was lower than that owed).

Purchase of Alcoholic Beverages and Cigarettes

You may not legally order any alcoholic beverages and/or cigarette through our ecommerce web portal.

Changing and Cancellation of Orders

You must cancel your Order at least ten (10) hours from the time and date of order receipt by GMI, its affiliates and subsidiaries.

Cancellation of Orders and/or products which does not comply with our order cancellation guidelines will result in a restocking fee equal to the 100% of the total amount of your order.

Refund Policy

If you are dissatisfied with your Order and/or want to return a product to the store location, you may return such product to GMI, its affiliates and subsidiaries store, provided such product has not been used and is in its original state and packaging. Any return should be coordinated with the Site’s customer support team, available at ecommerce@netcostmarket.com or you can log into your account and send us a message through the Site. For grocery or perishable items, you have up to forty-eight (48) hours after delivery to contact us to claim a refund on unsatisfactory items. For non-food or non-perishable products, you have up to three (3) days after delivery to contact us about the products. Returns must be made to the store where the order was placed. We may require the return of the product with which you are unsatisfied before we substitute an acceptable item or issue a credit voucher. If you request a refund over the phone, we may require that you provide the order associated with this transaction.

Termination of Account

GMI, its affiliates and subsidiaries may terminate your account if you violate any of these Terms. Upon termination of your account, you shall not have any further access to your account including to any Content (as defined below) that may be available through your account.

If GMI, its affiliates and subsidiaries believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate usage or behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate usage or behavior regarding the Site and Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Content

Certain types of content may be made available through the Site and/or the Services. “Content” as used in these Terms means, collectively, all the content on or made available through the Site or through the Services, including but not limited to, any pictures, photos, videos, articles and information (including but not limited regarding nutrition, health and exercise), tips, and recipes, and any modifications or derivatives of the foregoing. It is hereby clarified that Content uploaded by the site, including pictures and images of products and any modifications of such, are for illustration purposes only and do not and will not bind GMI, its affiliates and subsidiaries. The posting of commercial and/or promotional Content on the Site by GMI, its affiliates and subsidiaries is intended only to provide information and will not be construed as the Site recommending, encouraging, endorsing and/or sponsoring any such Content or service offered on the Site, as the case may be.

Use Restrictions

You may not do or attempt to do any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) use the Site and/or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, program search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (5) use or access another user’s account or password without permission; or (6) use the Site or Services in any manner not permitted by these Terms.

Intellectual Property

GMI, its affiliates and subsidiaries and as the case may be, its licensors, own the Site and Services and all Content available therein, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site and/or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of GMI, its affiliates and subsidiaries or any third party.

Disclaimers & Disclaimer of Warranty

Your use of the Site and/or Services is at your sole discretion and risk. The Site and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. While we make reasonable efforts to provide Content that is informative and useful, we do not make any warranties or representations in respect of any Content.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR SERVICES.

We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any user, whether by users of the Services or by any of the equipment or programming associated with the Services. Some of the information relating to the products offered for sale on the Site, including but not limited to the price of products, is received from the product manufacturers and is entered to the site “as is.” GMI, its affiliates and subsidiaries does not check for reliability, completeness, accuracy, or suitability of the actual product features and shall not be liable for any discrepancies, inaccuracies, or errors in relation to the information or to the products’ nature or suitability for your needs. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

We assume no responsibility for any, and you shall not have any claim against GMI, its affiliates and subsidiaries in relation to, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Site and/or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any part of the Site and/or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services, from any Content posted on or through the Site and/or Services, or from the conduct of any users of the Site and/or Services, whether online or offline.

GMI, its affiliates and subsidiaries is not and will not be held responsible for, any claim of inaccuracy in the details provided by you at the time of the Order and/or for details that were not properly stored into Company’s computer system and/or for any damage, and/or any other claim in connection with the Delivery and/or Order. GMI, its affiliates and subsidiaries shall not bear any responsibility for any damage caused to you directly or directly due to a delay in Delivery, or as a result of the Delivery of products that were defective, rotten, or otherwise unsatisfactory, unless such defect occurred due to negligence on the part of [GMI, its affiliates and subsidiaries. In such circumstances, GMI, its affiliates and subsidiaries liability shall be limited to an amount equal to the price of that order in question.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AGENTS GMI, its affiliates and subsidiaries BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY OF THE PRODUCTS PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND OUR LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TO TERMINATE YOUR ACCOUNT.

Indemnification

You agree to indemnify, defend, and hold GMI, its affiliates and subsidiaries and our respective employees, directors, officers, subcontractors, service providers, and agents harmless against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site and/or Services; (c) your violation of any law or regulation related to use of the Site and/or Services; (d) your infringement of any right of any third party related to use of the Site and/or Services; and (e) any other matter for which you are responsible hereunder or under law.

Miscellaneous

These Terms shall be governed by the laws of the State of New York. You agree that any legal or equitable action of whatever nature by or against GMI, its affiliates and subsidiaries arising out of or related in any respect to these Terms shall be brought only before the jurisdiction of the competent courts of city of New York, pursuant to any applicable laws pertaining to subject matter jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against GMI, its affiliates and subsidiaries must be brought within one (1) year of the date such cause of action arose. GMI, its affiliates and subsidiaries may assign and/or transfer its rights under these Terms, or any part thereof, to any company or third party at its sole discretion without prior notice. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and GMI, its affiliates and subsidiaries or enables you to act on behalf of GMI, its affiliates and subsidiaries. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

Last Updated: October 2019