Terms of Service

 

Thank you for using Micart! These Terms of Service (“Terms”) govern your use of the Micart services, including Micart’s website and Micart’s mobile applications.

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Micart’s Privacy Policy.

The Services comprise a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).

You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Micart. You acknowledge that Micart does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that Micart and the Third-Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and the Retailer—not the Third-Party Provider and not Micart—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store. You agree that Micart or the applicable retailer will obtain a credit card authorization for your credit card on file with Micart to cover the cost of the goods you have purchased from the retailer and any separate Micart fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.

Micart may change the fees it charges for the Services, including but not limited to delivery fees, service fees, alcohol service fees, and heavy order fees. Your card will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different than in-store prices. You can view each Retailer’s pricing policies on their storefront on both the website and in the Micart app.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Micart, Micart does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Micart reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

1. Your Use of the Services

Micart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Micart’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Micart’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Micart provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit and are solely responsible for that content. You grant Micart a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Micart may, in its sole discretion, remove or take-down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open-source licenses. In that case, Micart will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open-source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Micart Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third-Party Providers and Micart personnel, including individuals who support Micart’s Help Centre. Micart reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving the Services. Micart may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Micart with any feedback on or comments regarding the Services, you grant Micart the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Centre articles for our policies regarding the same.

2. Micart Communications

By creating a Micart user account, you agree to accept and receive communications from Micart or Third-Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Micart. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Micart, its affiliated companies and/or Third-Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt-out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Micart by replying “STOP” from the mobile device receiving the messages.

If you use the Services to order a prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone. You also understand and agree that a third-party pharmacy and/or Micart may send you unencrypted SMS messages, push notifications, or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against Micart, its affiliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.

3. Micart Express

Micart Express is a membership program that waives the delivery fee and reduces certain service fees for scheduled deliveries on orders over $50 (the "Micart Express Benefits") with each Retailer placed through the Services for a monthly or yearly subscription fee. Micart Express Benefits may differ on certain Retailer's white label sites that are powered by Micart. Generally, Micart gift cards and/or credits cannot be used to pay for the Micart Express subscription fee. Deliveries made by Third Party Providers via Micart Express are subject to availability. You acknowledge that your Micart Express membership does not entitle you to faster delivery times or priority time slots. Service fees, alcohol service fees, heavy order fees, special handling fees, taxes and/or tips may still apply. For combinations with other offers, restrictions may apply.

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR MICART EXPRESS MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT OR DEBIT CARD ON FILE IN YOUR ACCOUNT. The billing date will depend on the type of subscription that you choose when you sign-up for an Micart Express membership (monthly or yearly) and will be charged on the billing date indicated on your “Your Account” page. In certain circumstances, your billing date may change. For instance, if we are unable to successfully charge your card for the Micart Express membership fee on a given day (e.g., a Federal holiday or technical failures). Micart Express membership fees are fully earned upon payment.

If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Micart Express membership. If you do not want to have your card automatically updated, you can opt out of these services by contacting your issuing bank. If you would like to use a different payment method or if there is a change in payment method, please update your billing information on your “Your Account” page under the “Express” section. All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the card in the manner contemplated here. If the card you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Services, including without limitation your Micart Express membership, until we have successfully charged a valid credit or debit card.

If you do not want your membership to automatically renew, you can cancel your Micart Express membership at any time using this link or on your “Your Account” page under the Express section. You may cancel your Micart Express membership within the first fifteen (15) calendar days of your paid Micart Express membership term and receive a refund of the Micart Express membership fee you paid, but only if you have not placed any orders using your Micart Express membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your Micart Express membership through the end of your paid membership term. Additional instructions on how to manage your Micart Express membership are available in the Help Centre.

From time to time, Micart offers some users trial or other promotional memberships to Micart Express. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion. When the free trial or promotional membership period has expired, Micart will automatically charge you the applicable Micart membership fee to the credit or debit card on file with Micart. If you cancel your Micart Express membership before the free trial or promotional membership period has expired, Micart will not charge you for the subsequent Micart Express membership term. Micart may change the monthly or annual fee charged for Micart Express membership at any time, but any such fee change will not apply to current Micart Express members until such time as their current memberships expire and their memberships are renewed for another term.

We may change other terms or conditions applicable to Micart Express from time to time. Any new or renewed Micart Express memberships will be subject to the terms of service active at that time and displayed when you sign up for Micart Express. Micart may also make such changes with respect to current Micart Express memberships. In that case, Micart will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current Micart Express membership terms of service, you may cancel your Micart Express membership.

Your Micart Express membership cannot be transferred or assigned. Micart reserves the right to accept, refuse, or cancel your Micart Express membership at any time in its sole discretion.