ShopperGreen - E-Commerce Online Shopping

Terms and Conditions

Shopper Green is an online service provider for personal grocery shopping. We strive to help make grocery shopping effortless, affordable, and accessible to everyone. Our technology gives customers access to their favorite stores online so they can order groceries from anywhere. Shopper Green processes these orders and deliver the groceries to the customer's doorstep within a window of time requested by customers. Our website, mobile properties, and related applications (collectively, our "Website") are part of the Shopper Green.com Network, which is owned and operated by Shopper Green Australia.

The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you have a Shopper Green account and wish to terminate this Agreement, you can do so at any time by contacting us through website or email.

Any information, text, links, graphics, photos,data, code or other materials or arrangements of materials that you can view, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Shopper Green” refer to Shopper Green Australia. “Services” as defined above refers to those provided by Shopper Green or our Partners and shall be collectively defined as “Shopper Green”.

The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”

We may change or modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting.

USE OF THE SERVICES

As a condition of your use of the Services, you warrant that

(a) All information supplied by you for the Services provided by Shopper Green is true, accurate, current and complete,

(b) If you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you,

(c) You are 18 years of age or older in order to register for an account, use the Services and contribute to our websites, and

(d) You possess the legal authority to enter into this Agreement and to use the Services, including our Website in accordance with all terms and conditions herein.

We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Shopper Green. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally are strictly prohibited without the prior written permission of Shopper Green.

If you are creating a Shopper Green account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.

Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Shopper Green provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Shopper Green are in no way responsible or liable for any such third party sites or apps.

CHANGES TO PRODUCTS

Shopper Green may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that Shopper Green have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

PROHIBITED ACTIVITIES

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, photos, graphics, video, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Shopper Green. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

(a) Use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Shopper Green;

(b) Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

(c) Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

(d) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(e) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;

(f) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Shopper Green in connection with the Services;

(g) Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

(h) Download any Content unless it’s expressly made available for download by Shopper Green.

PRIVACY POLICY AND DISCLOSURES

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

PURCHASES THROUGH SHOPPER GREEN

Shopper Green offers you the ability to search for, select, and purchase products from our Partners without leaving the Services. By making purchases via the Website, you will become an Account Holder if you are not one already.

By using this Website, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services in accordance with this Agreement, and that all information you supply is true and accurate.

AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT SHOPPER GREEN WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT.

In the unlikely event that an item is available when you place an order but becomes unavailable prior to confirmation, Shopper Green undertakes to judiciously inform you and contact the supplier to make alternative arrangements or to cancel your order.

LIABILITY DISCLAIMER

Please read this section carefully. This section limits shopper green’s liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in this agreement, please seek legal advice for clarification before accessing or using the services.

The information, products and services published on or otherwise provided via the services may include inaccuracies or errors, including item availability and pricing errors. Shopper green does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the services (including, without limitation, the pricing, availability, photographs, general product descriptions, etc.). In addition, shopper green expressly reserves the right to correct any availability and pricing errors on the products and services made under an incorrect price.

Shopper green makes no representations of any kind about the suitability of the services, including the information contained on its website or any portion thereof, for any purpose, and the inclusion or offering of any products or services on its website or otherwise through the services does not constitute any endorsement or recommendation of such products or service offered by shopper green. All such information and products made available by or through the services are provided "as is" without warranty of any kind. Shopper green disclaims all warranties, conditions or other terms of any kind that the services, its servers or any data (including email) sent from shopper green, are free of viruses or other harmful components. To the maximum extent permitted under applicable law, shopper green hereby disclaims all warranties and conditions with regard to this information, products and the services, including all implied warranties and conditions or terms of any kind as to merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.

Shopper green also expressly disclaim any warranty, representation or other term of any kind as to the accuracy or proprietary character of the content available by and through the services.

All shopper green partners or third party suppliers providing the products and services listed in the shopper green website are independent contractors and not agents or employees of shopper green. Subject to the foregoing, you use the services at your own risk and in no event shall shopper green (or their officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services; any viruses, bugs, trojan horses, information, software, linked sites, products and services obtained through the services (including, but not limited to any shopper green companies’ syncronisation product); personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability or otherwise, and even if shopper green or its corporate affiliates has been advised of the possibility of such damages.

If Shopper Green are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then Shopper Green’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Shopper Green for the transaction(s) on or through the Services giving rise to the claim, or (b) Fifty Australian Dollars (AUD $50).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms insure to the benefit of Shopper Green.

These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.

INDEMNIFICATION

You agree to defend and indemnify Shopper Green and any of their officers, directors, employees and agent from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of the Services, including the Shopper Green Website.

LINKS TO THIRD-PARTY SITES

The Services may contain hyperlinks to websites operated by parties other than Shopper Green. Such hyperlinks are provided for your reference only. Shopper Green do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Shopper Green’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.

In some cases, you may be asked by a third-party site or app to link your Shopper Green account profile to a profile on another third-party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site or app) at any time. If you do choose to link your Shopper Green account to a third party site or app, the third party site or app will be able to access the information you have stored on your Shopper Green account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.

SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES

As noted above, the Services include software, which at times may be referred to as “apps”. Any software that is made available to download from the Services ("Software") is the copyrighted work of Shopper Green or other party as identified. Your use of such Software is governed by the terms of the end user licence agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any Software made available for download by way of the Services and which is not accompanied by a licence agreement, we hereby grant to you, the user, a limited, personal, non-transferable licence to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.

Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Shopper Green, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Portions of Shopper Green mobile software may use copyrighted material, the use of which Shopper Green acknowledges. In addition, there are specific terms that apply to use of certain Shopper Green mobile applications. Please visit the Mobile Licences page for notices specific to Shopper Green mobile applications.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).

COPYRIGHT AND TRADEMARK NOTICES

SHOPPER GREEN and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Shopper Green and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shopper Green or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Shopper Green and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shopper Green. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Shopper Green.

Notice and Take-Down Policy for Illegal Content

Shopper Green operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately. Shopper Green will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.

MODIFICATIONS TO THE SERVICES; TERMINATION

Shopper Green may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.

Shopper Green may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. Shopper Green may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where Shopper Green and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Shopper Green and/or its corporate affiliates decide to discontinue providing any aspect of the Services.

YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

Shopper Green may terminate this Agreement with you at any time, without advance notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Shopper Green and/or other users of the Services. That means that we may stop providing you with the Services.

JURISDICTION AND GOVERNING LAW

This Website is owned and controlled by Shopper Green, an Australian. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Australia. You hereby consent to the exclusive jurisdiction and venue of courts in Australia and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Shopper Green arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Republic of Australia. Use of the Services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Shopper Green to take proceedings against you in any other court, or courts, of competent jurisdiction. Currency for all transactions are in Australian dollars. No facility for transactions in other currencies are provided at this time.

GENERAL PROVISIONS

You agree that no joint venture, agency, partnership or employment relationship exists between you and Shopper Green and/or its corporate affiliates as a result of this Agreement or use of the Services.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Shopper Green with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shopper Green with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Website and/or apps on which the Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Shopper Green’s corporate affiliates shall be deemed express third party beneficiaries of this Agreement.

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions or ways to contact us or write to us here or email at contact@shoppergreen.com

Please note that Shopper Green does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above. For the avoidance of doubt and without limitation, we therefore do not accept notices or legal service deposited upon any of our partners or affiliates.