Zero Waste Vegan Club Terms and Conditions of Service
Last updated 19 May 2021
- What these terms cover
1.1 These terms and conditions (“Terms”) apply to any products and/or services (“Products”) you may purchase from us through our Application (“App”).
1.2 Please read these Terms carefully before creating a Zero Waste Vegan Club account or using our App. By downloading the App and setting up your account, you confirm that you accept these Terms. If you do not accept these terms and conditions, you should not order any Products or services from us.
1.3 If you use the App or order Products after we have published any changes to these Terms you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms applicable. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.
1.4 You may not change these Terms and we will not accept any alternative terms. If you have any questions relating to these Terms please contact [email protected]
2. Information about us and how to contact us
2.1 We are CONSCIOUS VISIONARY LLC, a company registered in Honolulu Hawaii (“Zero Waste Vegan Club”, “us”, “we”).
2.2. You can contact us by emailing [email protected] or by using the instant messaging facility on our App.
2.3 If we have to contact you we will do so via the App or by the telephone number or email address you have registered with us.
3. Your use of our services
3.1 Zero Waste Vegan Club offers a grocery as a service (GraaS) and social networking service via the App.
3.2. To register with Zero Waste Vegan Club via the App and receive the Products you must be 18 years of age or over.
3.3. To register with Zero Waste Vegan Club via the App you will need to provide your name, billing address, telephone number and an email address and sign up using Facebook, Google, or Apple ID.
3.4. To order grocery Products via the App you will need to provide your delivery address. Multiple delivery addresses may be saved on the App.
3.5. Only you may order Products via your user account. You may only register one account per device. You are responsible for ensuring the information you provide is accurate.
3.6 You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Products they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
3.7 You must notify us immediately if you become aware of any unauthorised use of your user account.
4. Our contract with you
4.1 We can only deliver Products to specific locations, to see if we can deliver to you, enter your postcode or location at checkout.
4.2 When you enter your postcode or location into the App the products which are available in your area will be displayed.
4.3 You place the order for the Products you would like to purchase on our App by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by clicking the [“Confirm and Pay”] button on the order summary page. No changes may be made to your order after this point (including cancellation). The delivery fee will be displayed at the check-out.
4.4 Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive a notification via the App containing your order confirmation number stating that we are processing your order. A contract between us will be formed only when we dispatch your order and confirm the Products you will receive. The point of dispatch is also the point of supply.
4.5 Once your order is ready for dispatch, you will receive a notification via the App that the Products are “on our way” to confirm when your products will be delivered to you.
4.6 If for any reason we cannot provide you with a product in your order, you will be contacted by our customer services team using the telephone number you provided when registering.
4.7 Products may only be ordered in household quantities. We reserve the right to either (i) cancel an order; or (ii) deliver using multiple riders in the event that an order is in excess of a household quantity.
5.1 The price of the Product (which includes VAT where applicable) will be the price indicated on the Product information page within the App when you place your order, except in cases of obvious error.
5.2 The current total value of the shopping basket and the delivery charge to be paid is displayed in the shopping basket or in the order overview.
6.1 The purchase price for the Products as well as the delivery fee must be paid immediately after placing an order.
6.2 Payment can only be made via the App. The payment methods accepted by us are those available on the App at the time you place your order. We may add or remove payment options from the App at any time.
6.3 Following delivery, we will send the invoice to the email address you provided when registering your user account.
7. Delivery and delivery times
7.1 Deliverys are made daily between 09.00 and 23.00, subject to availability in your area. We endeavours to deliver orders within 1-2 days of order confirmation, but gives no guarantee as to the exact delivery time. Reasons for later delivery include rider availability, customer demand, and weather.
7.2 Delivery will be made to the delivery address specified by you when placing the order. This does not have to be the same as the billing address. You are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery via the App.
7.3 You must be available to accept delivery from the time you place the order. Zero Waste Vegan Club will ordinarily only make deliveries when an appropriate person is able to receive the delivery. If you ask us to leave a delivery unattended at your address, we reserve the right to refuse. If we agree to leave the delivery unattended, Zero Waste Vegan Club expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
7.4 You will still be charged for the Products and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
– Not coming to the door, not picking up the phone when the rider contacted you using the number you provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time.
– The rider refusing to deliver the item to you in accordance with section 9 (Age Restricted Products).
8. Your rights if something is wrong
8.1 You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that any of the Products delivered do not comply with these legal rights, please let us know by emailing [email protected].
8.2 We may request a photograph showing the problem if it is something that can be seen by inspecting the Product(s).
8.3 We will provide a refund or account credit in respect of the relevant Product, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
8.4 Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the rider.
9. Age restricted products
9.1 Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over.
9.2 We operate a “Challenge 25” policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification. We may also request identification in relation to other age restricted products. We may retain the products if proof of age or an alternative adult is not available.
9.3 The driver may refuse to deliver alcohol to any person who is, or appears to be, intoxicated.
10.1 Zero Waste Vegan Club may issue vouchers or promotional codes (Voucher) that can be used on your order. Please check the terms and conditions of the specific Voucher before using.
10.2 Only one Voucher can be used per order and they have no cash value. Vouchers cannot be redeemed in conjunction with any other promotion or offer.
10.3 If the use of any Voucher violates the relevant terms and conditions, Zero Waste Vegan Club is entitled to revoke it.
11. Right to cancel
11.1 Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
11.2 You are entitled to cancel your contract without providing any reason provided that you exercise your right to cancel no longer than 14 days after the day on which you receive the goods or services.
11.3 Your right to return or cancel Products does not apply to:
i) goods that are liable to deteriorate or expire rapidly (i.e. perishable Products); or
ii) Products sealed for hygiene or health protection purposes which you have unsealed after having received them.
11.4 To exercise your right to cancel please email us at [email protected] within 14 days of delivery, we will go through your options and arrange your refund and return. Please provide your name, home address, details of the order and, where available, your telephone number and email address.
11.5 The Products must be returned to us within 14 days of telling us you wish to end the contract, in a new and unused condition and wherever possible in the original packaging.
11.6 We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. Otherwise, we will process your refund within 14 days of receipt of your notification that you intend to exercise your right to cancel.
12. Terminating your account
12.1 You may close your user account at any time via the “account settings” section of the App or by emailing [email protected].
12.2 Zero Waste Vegan Club may terminate our contractual relationship with you with respect to your user account upon two (2) weeks’ prior notice by emailing the address you provided when you registered.
12.3 We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or drivers, or any other good reason). We will notify you of the suspension via the email that you provided on registration.
12.4 If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or App following any issue with an order, by applying a credit to your registered credit card or payment method, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
12.5 This does not affect your statutory rights.
13. Limitations and exclusions of liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
13.2 We will not be deemed to be in breach of contract or of these Terms as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
13.3 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these Terms restrict any of your statutory rights.
13.4 We are not liable for business losses. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Data Protection
15. Other terms
15.1 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 Nobody else has any rights under this contract. This contract is between you and Zero Waste Vegan Club. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these Terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 You and Zero Waste Vegan Club agree that law applies to these Terms and that any dispute between us arising out of or in connection with these Terms will only be dealt with by the United States of America courts, unless you live in Japan, in which case the applicable law of Japan will apply and any dispute will be brought before the courts of Japan.
Zero Waste Vegan Club is licensed to You (End-User) by CONSCIOUS VISIONARY LLC, located at 330 Saratoga RD 15622, Honolulu, Hawaii 96815, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof.
CONSCIOUS VISIONARY LLC, not Apple, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service.
CONSCIOUS VISIONARY LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
16. THE APPLICATION Zero Waste Vegan Club (hereinafter: Application) is a piece of software created to provide a grocery as a service and social networking app including posting and sharing content and updates – and customized for Apple mobile devices. It is used to social networking, social media and content sharing. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
17. SCOPE OF LICENSE
17.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
17.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
17.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with CONSCIOUS VISIONARY LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
17.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with CONSCIOUS VISIONARY LLC’s prior written consent).
17.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own not copy tions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
17.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
17.7 Licensor reserves the right to modify the terms and conditions of licensing.
17.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
18. TECHNICAL REQUIREMENTS
18.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
18.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
18.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
18.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
19. MAINTENANCE AND SUPPORT
19.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
19.2 CONSCIOUS VISIONARY LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
20. USE OF DATA
21. USER GENERATED CONTRIBUTIONS
22. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
23.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
23.2 Licensor takes no accountability and responsibility in case of User Content.
23.3 Licensor takes no accountability and responsibility in case of User Activity and Behavior. 23.4 Licensor takes no accountability and responsibility in case of Harassment.
23.5 Licensor takes no accountability and responsibility in case of Images Posted.
23.6 Licensor takes no accountability and responsibility in case of Links Shared.
23.7 Licensor takes no accountability and responsibility in case of Videos Shared.
23.8 Licensor takes no accountability and responsibility in case of User Created Content.
23.9 Licensor takes no accountability and responsibility in case of Language Used
24.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
24.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of CONSCIOUS VISIONARY LLC’s sphere of influence that affect the executability of the Application.
24.3 You are required to inspect the Application immediately after installing it and notify CONSCIOUS VISIONARY LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of, after discovery.
24.4 If we confirm that the Application is defective, CONSCIOUS VISIONARY LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
24.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
24.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
25. PRODUCT CLAIMS CONSCIOUS VISIONARY LLC and the End-User acknowledge that CONSCIOUS VISIONARY LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and Homekit.
26. LEGAL COMPLIANCE You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
28. TERMINATION The license is valid until terminated by CONSCIOUS VISIONARY LLC or by You. Your rights under this license will terminate automatically and without notice from CONSCIOUS VISIONARY LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
29. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY CONSCIOUS VISIONARY LLC represents and warrants that CONSCIOUS VISIONARY LLC will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
30. INTELLECTUAL PROPERTY RIGHTS CONSCIOUS VISIONARY LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, CONSCIOUS VISIONARY LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
31. APPLICABLE LAW This license agreement is governed by the laws of the State of HAWAII and Japan excluding its conflicts of law rules.