Terms of Service

Last updated: December 15, 2024

Welcome to FreshCart. These Terms of Service (“Terms”) govern your use of our website, mobile application, and services. By accessing or using FreshCart, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, placing an order, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Eligibility

You must be at least 18 years old to use our services. By using FreshCart, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. Orders and Payment

Order Placement

• All orders are subject to acceptance and availability
• We reserve the right to refuse or cancel orders
• Prices are subject to change without notice
• Product availability may vary by location

Payment Terms

• Payment is due at the time of order placement
• We accept major credit cards and other approved payment methods
• You authorize us to charge your payment method for all fees
• All prices include applicable taxes unless otherwise stated

5. Delivery and Fulfillment

Our delivery terms include:

• Delivery times are estimates and not guaranteed
• You must be available to receive deliveries at the specified address
• Delivery fees may apply based on location and order size
• We are not responsible for delays due to weather or other circumstances beyond our control
• Risk of loss transfers to you upon delivery

6. Returns and Refunds

Our return policy provides:

• We guarantee the freshness and quality of our products
• Report quality issues within 24 hours of delivery
• Refunds or replacements are provided at our discretion
• Perishable items cannot be returned for hygiene reasons
• Refunds are processed to the original payment method

7. Prohibited Uses

You may not use our services to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious code
• Interfere with our systems or security
• Create multiple accounts to circumvent restrictions
• Use automated systems to access our services
• Resell products for commercial purposes

8. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of FreshCart or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers

Our services are provided “as is” and “as available” without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will be uninterrupted, error-free, or secure.

11. Limitation of Liability

To the maximum extent permitted by law, FreshCart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or use, regardless of the theory of liability. Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless FreshCart, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another.

13. Termination

We may terminate or suspend your account and access to our services at any time, with or without cause or notice. You may also terminate your account by contacting customer service. Upon termination, your right to use our services ceases immediately.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the state in which FreshCart is incorporated, without regard to conflict of law principles. Any disputes shall be resolved in the courts of that jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of our services after changes are posted constitutes acceptance of the new Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

17. Contact Information

If you have any questions about these Terms, please contact us:

By using FreshCart, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.