Terms of Use

Last Modified: Jan 06, 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between You and big.delivery.,and its affiliates and subsidiaries ("Company," "we," or "us"). The following terms and conditions (the "Terms of Use") form a legal agreement that govern your access to and use of www.big.delivery (the "Website"), including any content, functionality, and services offered on or through the Website, and by downloading, installing, or using any associated application supplied or provided by the Company whose purpose is to enable you to use the Services (the "App") (collectively, the "Services").

The Website is an internet-based content and e-commerce portal operated and owned by the Company. When you use the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the goods and services sold on the Website (collectively, the "Goods"), and they shall be deemed to be incorporated into and considered part of these Terms of Use.

The Company is willing to license, not sell, the App to you only upon the condition that you accept all the terms contained in these Terms of Use. By signing up to or using the App, you indicate that you understand and accept these Terms of Use. If you do not accept the Terms of Use, then the Company is unwilling to license the App to you.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.big.delivery, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older, or who are authorized by a parent or guardian. By using this Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. We reserve the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to our attention or if it is discovered that you are under the age of 18 years old.

Changes to the Terms of Use

We reserve the right to modify and update these Terms of Use at our sole discretion. Any changes will become effective immediately upon being posted on the Website. However, revisions to the dispute resolution provisions outlined in the Governing Law and Jurisdiction section will not apply to disputes that the parties were already aware of before the changes were published on the Website.

By continuing to use the Services after the revised Terms of Use are posted, you indicate your acceptance and agreement to the updated terms. It is your responsibility to review this page periodically to stay informed of any updates, as they are legally binding on you.

Accessing the Services and Account Security

We may modify, suspend, or discontinue any part of the Website, App, or the Services we provide at our sole discretion, without prior notice. We are not liable if any portion of the Services becomes unavailable for any reason or at any time. Additionally, we may limit or restrict access to parts or all of the Services, including to registered users, as needed.

To access certain features of the Services, you may need to provide accurate, current, and complete registration details or other information. Your use of the Services is subject to providing this information, which will be handled in accordance with our Privacy Policy. By using the Services, you agree to the actions we take with your information as described in the Privacy Policy.

If you receive or create a username, password, or other security credentials, you are responsible for keeping this information confidential and must not share it with others. Your account is personal to you, and you must not allow others to use it. If you suspect unauthorized access to your account or security details, you must notify us immediately. Additionally, it is your responsibility to log out at the end of each session and to take extra precautions when using public or shared devices to ensure your personal information remains secure.

We reserve the right to disable or revoke your username, password, or other security credentials at any time, for any reason, including if we believe you have violated these Terms of Use.

Communications

By sharing your contact details, you consent to receiving communications from us via email, SMS, or other channels to enhance your browsing and shopping experience on the Website. We may send you promotional offers or other relevant updates periodically, as needed. By using the Website or sending emails, data, or other forms of communication to us, you acknowledge that you are engaging with us electronically and consent to receive such communications in electronic formats. These communications may include emails or other electronic methods of contact.

Use of the Website

You acknowledge that the Company provides the Website as a platform to host services for Registered Users and Registered Sellers. All items displayed and listed on the Website, along with their associated content, are created and uploaded by Registered Sellers and are considered third-party-generated content.

The Company does not initiate, control, or modify the content provided by Registered Sellers. Furthermore, it does not influence the transmission, sender, or recipient of this content. As such, the Company assumes no responsibility or liability for the content posted by Registered Sellers on the Website.

Platform for Transactions and Communication

The Website serves as a platform enabling Users to connect and interact for their transactions. The Company does not participate in, nor does it control, any transactions conducted between Users of the Website.

All commercial and contractual terms are solely determined and agreed upon by the Buyer and Seller. These terms include, but are not limited to, pricing, shipping costs, payment methods, payment terms, delivery schedules, warranties, and after-sales services. The Company does not influence or advise on these terms and remains uninvolved in the negotiation or execution of agreements between Buyers and Sellers.

The Company makes no representations or warranties regarding the quality, value, salability, or any other attributes of the products or services listed on the Website. The Company does not implicitly or explicitly endorse the sale or purchase of any products or services. Additionally, it assumes no responsibility for any errors or omissions, whether made by itself or by Registered Sellers. The Company is not liable for any non-performance or breach of contract between Buyers and Sellers. It is not obligated to mediate or resolve disputes arising between these parties.

At no point does the Company take possession of or claim ownership of the products or services listed by Sellers. Furthermore, the Company does not gain any rights or claims over the products or services sold on the Website. The Company holds no rights, titles, or interests in any products and bears no responsibility for delays, unsatisfactory performance, or damages arising from products being out of stock, unavailable, or back-ordered.

The Website is merely a platform for facilitating communication and transactions. Any contract for the sale of products or services is strictly between the Buyer and the Seller. The Company does not assume any obligations or liabilities related to these agreements.

Returns Policy

We offer a "no questions asked" Return and Refund policy, allowing members to return products at the time of delivery if they are dissatisfied or have concerns about the quality or freshness. Frozen & refrigerated products are non-returnable. However, if you receive a damaged, spoiled, or incorrect item, you can request a replacement within 24 hours of delivery. For incorrect items, a replacement or return request can only be made if the item is sealed, unopened, unused, and in its original condition. If the invoice amount has already been paid, a credit note will be issued for the value of the returned items. This credit will be applied to the User’s account on the Website and can be used for future purchases.

Replacement Policy

A replacement can be requested if you are dissatisfied with an item for any of the following reasons:

• Damaged during shipping
• Defective item
• Missing item(s)
• Lack of freshness
• Unsatisfactory quality
• Incorrect item shipped

We aim to address replacement requests promptly and ensure your satisfaction.

Specific Disclaimers

Pricing discrepancies for products listed on the Website may occur due to technical issues, typographical errors, or inaccurate seller-provided information. In such cases, the seller may cancel your order(s).

The Company does not guarantee the accuracy, completeness, reliability, or error-free nature of product descriptions or other content on the Website and assumes no liability for any related issues.

Intellectual Property Rights

The Website, App, and Services, including all content, features, and functionality (such as text, software, images, videos, audio, and design elements), are owned by the Company, its licensors, or other material providers. These are protected by copyright, trademark, patent, and other intellectual property laws in the United States and internationally.

You are permitted to use the Services for personal, non-commercial purposes only. Specifically, you may:

• Temporarily store content in RAM for browsing purposes.
• Cache files in your browser for display purposes.
• Print one copy of Website content for personal use only.
• Download a single copy of any App provided for personal use, subject to the terms of the end-user license agreement.
• Use social media features provided by the Website in accordance with the permitted functionality.

However, you must not:

• Modify any material from the Services.
• Use images, videos, or graphics separately from accompanying text or without authorization.
• Delete or alter copyright, trademark, or other proprietary notices.
• Use the Services or content for unauthorized commercial purposes.

If you violate these terms, your access to the Services will be terminated, and you may be required to destroy or return any materials obtained. All rights not explicitly granted remain reserved by the Company.

Trademarks

The Company name, "big.delivery", its logo, and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates and licensors. These trademarks may not be used without prior written permission from the Company. Any other names, logos, product and service names, designs, or slogans appearing on the Services are the property of their respective owners and are protected under applicable laws.

Prohibited Uses

You may only use the Services for lawful purposes and in compliance with these Terms of Use. You agree not to use the Services in the following ways:

• In violation of any applicable federal, state, local, or international laws or regulations, including laws governing the export of data or software.
• To exploit, harm, or attempt to harm minors in any manner, such as by exposing them to inappropriate content or collecting personally identifiable information.
• To upload, send, or use materials that violate the Content Standards outlined in these Terms of Use.
• To send unsolicited advertisements, including “junk mail,” “chain letters,” “spam,” or similar solicitations.
• To impersonate the Company, its employees, other users, or any individual or entity.
• To engage in behavior that interferes with or restricts other users' enjoyment of the Services or poses risks to the Company or its users.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, or damage the platform or disrupt other users’ experiences.
• Use automated tools, such as robots or spiders, to access the Services without prior written permission.
• Use manual processes to monitor or copy materials from the Services without authorization.
• Interfere with the functionality of the Services using software, devices, or routines.
• Introduce malicious elements such as viruses, trojans, worms, or other harmful technologies.
• Attempt unauthorized access to any part of the Services, servers, or connected databases.
• Launch denial-of-service attacks or similar disruptions.
• Take any action that negatively impacts the proper operation of the Services.

User Contributions

The Services may include interactive features like message boards, forums, personal profiles, and other tools allowing users to post or share content ("User Contributions"). All User Contributions must comply with the Content Standards outlined in these Terms of Use.

By submitting User Contributions, you acknowledge that such content is non-confidential and non-proprietary. You grant the Company and its affiliates the right to use, reproduce, modify, perform, display, distribute, and disclose these contributions to third parties as necessary, subject to your account settings.

You represent and warrant that:

• You own or control all necessary rights to the User Contributions and have the authority to grant the rights mentioned above.
• Your User Contributions comply with these Terms of Use.

You acknowledge that you are solely responsible for the legality, reliability, accuracy, and appropriateness of any content you submit. The Company assumes no responsibility for User Contributions posted by you or others and is not liable for any claims arising from such content.

Monitoring and Enforcement; Termination

We reserve the right to:

• Remove or decline to post any User Contributions at our sole discretion, with or without explanation.
• Take necessary or appropriate action regarding any User Contribution that we believe violates these Terms of Use, infringes intellectual property or other rights, endangers the safety of users or the public, or creates liability for the Company.
• Disclose your identity or other relevant information to third parties who claim that your posted material violates their rights, including intellectual property or privacy rights.
• Pursue appropriate legal action for any unauthorized or illegal use of the Services, including reporting to law enforcement authorities.
• Suspend or terminate your access to all or part of the Services for any reason, including violations of these Terms of Use.

We may fully cooperate with law enforcement or court orders requiring us to disclose the identity or other information of anyone posting materials that breach these terms. You agree to waive any claims against the Company or its affiliates for actions taken during such investigations.

While we strive to ensure the integrity of the Services, we do not pre-screen user materials and cannot guarantee the immediate removal of objectionable content. We assume no liability for actions or inactions related to transmissions or content provided by users or third parties.

Content Standards

All User Contributions and use of Interactive Services must comply with applicable laws and regulations. User Contributions must not:

• Contain defamatory, obscene, offensive, or otherwise objectionable content.
• Promote sexually explicit or violent material or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
• Infringe on intellectual property or other legal rights.
• Violate privacy or publicity rights, or promote illegal activity.
• Be deceptive, misleading, or impersonate another entity or individual.
• Involve unauthorized commercial activities, such as contests, promotions, or advertisements.

Copyright Infringement

If you believe your copyright has been violated by User Contributions, please notify us at [email protected]. We maintain a policy of terminating repeat infringers’ accounts in accordance with applicable laws.

Reliance on Information Posted

The content on the Services is provided for general informational purposes only. While we strive for accuracy, we do not guarantee the completeness or reliability of the information. Any reliance you place on such content is at your own risk.

Third-party content on the Services reflects the views of the respective authors and not the Company. We are not responsible for the accuracy or reliability of such materials.

Changes to the Services

We may update the content and features of the Services at our discretion. However, we are under no obligation to ensure that materials remain up-to-date or error-free.

Information About You and Your Visits to the Website

Your information is collected and managed in accordance with our Privacy Policy. By using the Website, you consent to the processing of your data as outlined in the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage provided the link is fair, legal, and does not harm our reputation. You must not imply association, endorsement, or approval by the Company without explicit consent.

Certain social media features may allow you to:

• Link to specific Website content.
• Send communications with Website links.
• Display Website content on third-party platforms.

You must not establish links from sites not owned by you, frame the Website on other platforms, or take actions inconsistent with these Terms of Use.

We reserve the right to disable social media features or linking permissions at any time without notice.

Links from the Website

Links to third-party websites are provided for convenience only. We do not control or endorse these external sites and are not responsible for their content or any losses arising from their use.

Geographic Restrictions

The Services are intended for use within the United States. Accessing the Services from outside the U.S. is at your own risk, and you are responsible for compliance with local laws.

Disclaimer of Warranties

We do not guarantee that the Services or files available for download are free from harmful components. It is your responsibility to implement appropriate safeguards, such as antivirus software, to protect your data and devices.

The Services are provided on an "as is" and "as available" basis without warranties of any kind. We disclaim all express and implied warranties, including but not limited to merchantability, non-infringement, and fitness for a particular purpose.

These disclaimers do not affect any warranties that cannot be excluded under applicable laws.

Limitation on Liability

To the maximum extent permitted by law, neither the Company, its affiliates, nor their licensors, service providers, employees, agents, officers, or directors shall be held liable for any damages, including direct, indirect, special, incidental, consequential, or punitive damages, resulting from your use or inability to use the Services, or any content on the Services. This includes but is not limited to, personal injury, emotional distress, loss of revenue, profits, business opportunities, goodwill, or data. This applies whether the damages are caused by negligence, breach of contract, or any other legal theory, even if such damages were foreseeable.

This limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and all associated officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising from your violation of these Terms of Use or your use of the Services. This includes any content you contribute, your unauthorized use of the Services, or your violation of any laws or rights of third parties.

Governing Law and Jurisdiction

These Terms of Use, and any disputes arising from or related to the Services, shall be governed by the laws of the state of Massachusetts, without regard to any conflict of law principles.

Any legal actions related to these Terms of Use must be filed exclusively in the federal or state courts located in Massachusetts. You waive any objections to jurisdiction or venue in these courts. However, the Company reserves the right to pursue legal action against you in your country of residence or any other relevant jurisdiction.

Limitation on Time to File Claims

Any legal claims or causes of action you may have arising from or related to these Terms of Use or the Website must be initiated within one (1) year of the event giving rise to the claim. Claims filed after this period will be permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition of these Terms of Use will be considered a continuing waiver or a waiver of any other term or condition. If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be removed, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services, superseding all prior or contemporaneous agreements, communications, or proposals, whether oral or written, between the parties.

Shipping Policy

• Delivery Areas: big.delivery is committed to delivering products nationwide across the United States. Availability may vary by location. Customers can check delivery eligibility by entering their zip code or address at checkout.
• Delivery Time: We aim for prompt delivery. During checkout, you will be provided an estimated delivery time based on your location and available slots.
• Delivery Charges: To offer free delivery, we set a minimum order of $50. For orders below this amount, delivery charges will apply. These charges will be shown clearly during checkout.
• Packaging and Quality: We take great care in packaging your orders to ensure the quality and freshness of your items during delivery. Perishable items are specially packaged to preserve their integrity.
• Shipment Confirmation: Once your order is processed, you will receive an email/SMS confirmation with shipment details, including estimated delivery date and tracking information.
• Order Tracking: You can track your order through the provided tracking number or link. Real-time tracking is available for orders made from select partner stores.
• Delivery Issues and Returns: If there are issues like missing or damaged items, please contact our support team. We will assist with replacements, refunds, or other necessary actions. In some cases, photographic evidence may be requested.
• Refunds and Cancellations: You may cancel orders within 2 hours of placing them. For orders dispatched already, the refund policy will apply. Refunds for returns will be issued after the items are inspected.
• Legal Terms: By placing an order, you agree to comply with all applicable laws and regulations related to the purchase and delivery of products.
• Customer Support: For any issues, our support team is available via email or phone.

Your Comments and Concerns

The Services are operated by big.delivery.

For copyright infringement claims, contact contact@big.delivery.

For technical support or feedback, reach us at support@big.delivery.