Terms and Conditions

NFC Solutions USA Services Private Limited provides a virtual storefront from which you can select goods for picking, packing and delivery to your location. NFC Solutions USA Services Private Limited operates ebountigroceries.com, https://biz.ebountigroceries.com, and iOS applications and Android Play store applications (e.g. ebounti groceries) (collectively, the “Application”) and offers various products and services, including the virtual store, social pages, blogs and feedback forum, on or through the Application (collectively, the “Services”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

1. Acceptance of Terms

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT HTTP:// WWW.EBOUNTIGROCERIES.COM, AND AS INCORPORATING THE ebounti groceries PRIVACY POLICY AVAILABLE AT HTTP://WWW.EBOUNTIGROCERIES.COM (together, the “Terms of Service”), ARE A LEGAL AGREEMENT BETWEEN NFC Solutions USA Services Private Limited (“NFC Solutions USA”) AND YOU (“You”).

YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE APPLICATION AND/OR SERVICES CONTROLLED BY NFC Solutions USA Services Private Limited. BY USING THE APPLICATION AND/OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE APPLICATION AND/OR THE SERVICES.

You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified. All such modifications will be effective upon reasonable notice. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Application and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service. Your continued use of the Application and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.

2. End User License Terms

NFC Solutions USA grants you a limited, non-exclusive, non-transferable, and revocable license to use the Applications for their intended purposes subject to your compliance with these Terms of Service. You may only access the Services through the interfaces that NFC Solutions USA provides for that purpose (for example, You may not “scrape” the Services through automated means or “frame” any part of the NFC Solutions USA Services), except that You may have the option of accessing the Services through downloadable software and this software may update itself automatically on Your device. When You use the Services to place an order for products, you authorize the purchase and delivery of those products from the stores you select. Unless otherwise specified, you acknowledge and agree that NFC Solutions USA is a platform to help you order goods by You and is not the seller of the goods to You. You agree that Your purchase is being made from the stores you have selected, and title to any goods passes to You when they are purchased at the applicable stores. NFC Solutions USA will obtain a credit card authorization for Your credit card on file with us to cover the cost of the goods you have purchased from the stores and any separate NFC Solutions USA fees, and Your card will be charged for the goods purchased by You and any applicable fees when you submit your order through the Service.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms of Service, NFC Solutions USA does not form any employment or agency relationship with You and does not hold title to any goods that You order through the Services.

3. Ordered Items and E Wallet

Items purchased via NFC Solutions USA are for personal use only and not for commercial resale. NFC Solutions USA is not liable for the ingredients, contents or other characteristics of any items purchased via the Application.

If You would like to cancel a NFC Solutions USA order once it has been placed You can request cancellation online through Your NFC Solutions USA account for a limited period of time, after which Your order is processed and if You want to return or exchange any items, You must do so directly with the Store and subject to the Store’s policies. NFC Solutions USA cannot guarantee that we will be able to cancel the order. If You want to return or exchange an item for any reason, or if you seek a refund or exchange for a lost or damaged item, You must engage directly with the Store and are subject to the Store’s policies.

During Your selection of items for purchase, You may choose to indicate whether a substitute(replaceable) is acceptable if a particular item is not available in the store. If You order an item that turns out to be unavailable at the store location, a substitute of similar item will be included at the discretion of the store in Your order as agreed by you of choice that a substitute is acceptable, or the item will be removed from Your order and You will not be charged. If NFC Solutions USA is unable to have any part of Your order fulfilled for any reason (other than You not being present to key in the code for a delivery), NFC Solutions USA will automatically cancel that part of Your order and You will not be charged for the items that comprise the unfulfilled part of your order.

E wallets are part of the integrated system within NFC Solutions USA. They can be applied directly to purchases to cover part of the purchase. Any unused or remaining portion cannot be claimed for cash except that they can be used as part of the purchase with NFC Solutions USA. No transfers of e wallets are allowed to another account.

If you are not present when the order arrives during the delivery window You chose, the delivery person will leave the groceries at the door of Your delivery address (or per Your reasonable delivery instructions). The cold groceries will not be left in any insulated or cooled packaging unless You may place your own insulated box at a visible location and provide special delivery instructions during the checkout, In all other cases You must put away Your cold grocery items promptly after delivery. The delivery person will attempt to reach out to you so that a random digit generated code will be sent to you as confirmation of receipt and the driver will use this digits to complete the delivery process. Speed of the delivery or time of the delivery are the key performance indexes of the store and NFC Solutions USA does not have any responsibility of delivery. It’s the sole responsibility of the shops providing the service. The delivery charges and pick-up charges are levied by shop you are making the purchase. Any issues regarding the same need to be directly dealt with shop you made the purchase.

By placing an NFC Solutions USA order, You acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and You hereby agree to indemnify, defend and hold harmless NFC Solutions USA, the store and each of their affiliates from any claims, losses or liabilities arising from or in connection with Your violation of the applicable return policy.

Quick order is for your convenience and the applicable prices are as per the store. So, any price and weight differences need to be resolved with the shop.

In-store prices and other applicable fees (such as taxes and other fees that the store charges, like bottle deposits, recycle fees towards bag charges and e-waste fees) may vary based on actual instore item prices and availability. For example, items sold by weight may end up costing a little more or less than the price listed on NFC Solutions USA, depending on the exact weight and price of what's chosen for You. Also, items that are not pre-packaged, loose example fresh produce, fruits, meat and poultry.. etc may vary +-10% in weight or may be by pieces which might have different weights. Also, if something is out of stock, the substitutes you receive may have prices different from your original items. Further, products displayed in the Application are updated regularly, but the products delivered to You may not be identical to the product pictured in the Application. In-store promotions may or may not be available in the Application or applicable to Your purchase.

Because these prices (and the associated taxes and other fees the store charges) may vary based on current item prices and availability, NFC Solutions USA authorizes Your card for an estimated amount that includes a reasonable buffer to cover that variance. The total will show on Your final receipt. If the total exceeds the designated reasonable buffer for Your order, then part or all of Your order will be automatically declined and You may choose to resubmit the declined part of Your order at the new price.

Items are purchased from individual stores as listed in Your cart and Your order history. The shipping and service fee is not a tip. All service fees are paid to NFC Solutions USA. All cancellations after items are packed will require a stocking fee and any cost of discarding fresh seafood, poultry and meat products as once they are packed will not be re-used.

NFC Solutions USA sales are in-Application sales and are processed as online transactions. You will receive an electronic receipt for Your order. NFC Solutions USA does not take responsibility for any items You purchase. Rather, responsibility for each item You purchase will pass directly from the store to You in the store at the point of sale. Any item replacement or other protection afforded to You by NFC Solutions USA or the store for damage or loss that occurs in transit is offered as a matter of customer service only and is not intended to alter the transfer of responsibility for NFC Solutions USA items. Applicable sales tax will be calculated based on the physical address of the store location where the item was purchased. NFC Solutions USA may display estimated taxes on Your purchase to You in-Application during the NFC Solutions USA purchase process; however, Your final receipt will display the final sales tax calculated. Each store is solely responsible for calculating and informing NFC Solutions USA how much sales tax to collect on each order. NFC Solutions USA will collect the instructed amount from You on behalf of the store and will remit those funds to the store.

4. Eligibility

YOU MUST BE AT LEAST 12 YEARS OF AGE TO USE THE APPLICATION AND/OR THE SERVICES. By using the Application and/or the Services, You represent and warrant that

  1. You are 12 years of age or older;
  2. All information You submit to NFC Solutions USA is truthful and accurate;
  3. You will maintain the accuracy of such information; and
  4. Your use of the Services or the Application does not violate any applicable law or regulation.

5. User Accounts

To use the Application and/or the Services, You may be required to create a user account (“Account”). If You create an Account, You agree to provide NFC Solutions USA current, complete, true and accurate information, and to update this information should it change. NFC Solutions USA may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.

You agree to notify NFC Solutions USA immediately at support@ebountigroceries.com of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by NFC Solutions USA. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that NFC Solutions USA will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by NFC Solutions USA or another party due to someone else using Your Account or password.

NFC Solutions USA RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE APPLICATION AND/OR THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. NFC Solutions USA ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY NFC Solutions USA, INCLUDING, WITHOUT LIMITATION, THE APPLICATION AND THE SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT NFC Solutions USA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.

In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.

6. Ownership of Content

“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Application and/or the Services, whether provided by NFC Solutions USA or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF NFC Solutions USA AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY NFC Solutions USA, YOU, OR ANOTHER USER OF THE SERVICES.

You acknowledge that the Content, Services and Application are protected by copyrights, trademarks, and other proprietary rights owned by NFC Solutions USA, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, NFC Solutions USA and its licensors do not grant You any express or implied rights, and all right, title and interest that NFC Solutions USA has in the Application and/or the Services that are not expressly granted by NFC Solutions USA to You are retained by NFC Solutions USA. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without NFC Solutions USA’s prior written permission. NFC Solutions USA grants you a limited license to use the Content for the limited purpose of viewing and using the Services.

7. User Submissions

NFC Solutions USA does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”). You must not transmit any User Submission to or through the NFC Solutions USA Application or to NFC Solutions USA through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is:

  1. Truthful, accurate, and not misleading,
  2. Offered in good faith, and
  3. That you have the right to transmit such information.

Certain information submitted by You, or otherwise collected from You, is subject to NFC Solutions USA’s Privacy Policy. Except as expressly provided in NFC Solutions USA’s Privacy Policy, You agree that by submitting User Submissions to NFC Solutions USA, including any concepts, know-how or ideas, You hereby grant NFC Solutions USA a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with the NFC Solutions USA Application and NFC Solutions USA’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others.

8. Limitations

ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF NFC Solutions USA’S COPYRIGHT RIGHTS IN AND TO THE CONTENT. You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Application or Services, or any information obtained from the Application or the Services, without the prior express written consent of NFC Solutions USA.

You may not, under any circumstances, use the Content or the Services in any manner that:

  1. Is unlawful;
  2. Could damage, disable, overburden, or impair any NFC Solutions USA server or the network(s) connected to any NFC Solutions USA server;
  3. Could interfere with any other party’s use and enjoyment of the Services;
  4. Gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any NFC Solutions USA server, or to any of the Services, through hacking, password mining or any other means;
  5. Collects or aggregates information regarding other users’ actions relating to the Services; or
  6. Reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Application.

9. Charges and Billing

You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to NFC Solutions USA that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.

If order is cancelled 4% charges will be deducted as cancellation charges

10. Communications

By providing Your email address to NFC Solutions USA and subscribing to NFC Solutions USA communications, You understand You may receive periodic information regarding current and future services offered on the Application and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 12 (Termination and Survivability).

11. Jurisdictional Issues and Export Control Laws

The Application and/or Services are controlled and operated by NFC Solutions USA from its offices within the United States. NFC Solutions USA makes no representation that Content and other materials available through the Application and/or Services are appropriate or available for use in any other locations. Those who choose to access the Application and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Termination and Survivability

These Terms of Service are effective until terminated. NFC Solutions USA may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 5 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to NFC Solutions USA at: support@ebountigroceries.com, Attn: Accounts Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by NFC Solutions USA but not more than twenty (20) business days after sending such termination email.

13. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION AND/OR SERVICES IS AT YOUR SOLE RISK. THE APPLICATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES

(INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE NFC Solutions USA PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE NFC Solutions USA APPLICATION AND/OR NFC Solutions USA SERVICES OR USE OF THE NFC Solutions USA APPLICATION AND/OR NFC Solutions USA SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NFC Solutions USA PARTIES IS TO STOP USING THE APPLICATION AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).

IN NO CASE SHALL THE LIABILITY OF THE NFC Solutions USA PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO NFC Solutions USA OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE NFC Solutions USA PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES

ARISING FROM YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH THE NFC Solutions USA PARTIES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE NFC Solutions USA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NFC Solutions USA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY.