Terms & Conditions

END USER LICENSE AGREEMENT & TERMS OF SERVICE

By accessing or using this website you are agreeing to the END USER LICENSE AGREEMENT & TERMS OF SERVICE (“TOS”, “EULA”, or “Agreement”) set forth herein. This website; all of its constituent pages as added and amended from time to time; all content on said website and any constituent page; all URL’s associated with or which lead to said website; all associated applications on any platform (including without limitation Android and IOS); all trade dress and monikers on said website; all intellectual property contained anywhere on said website (including without limitation all trademarks, service marks, copyrights, and patents); the source and any other code; all design elements and renditions; copies of any of the foregoing; and to the extent not heretofore listed all of content set forth on each and every page of the website, including without limitation all copy, marks, monikers, logos, trade dress, processes, information, and intellectual property; are, collectively and individually, the sole and exclusive property of Desi Deli LLC d/b/a Deli Deli Grocery (“Service Provider”).

You, the user, and any of your agents, representatives, assignees, employees, partners, designees, or persons to whom you have given access to the Site and the Services (whether intentionally, knowingly, negligently, or otherwise) may be referred to as “you”, “User”, “Customer”, or “Licensee”.

THIS IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND SERVICE PROVIDER. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES (AS DEFINED BELOW). YOUR USE OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU OBJECT TO ANY PART OR PORTION HEREOF DO NOT USE THE SERVICES.

1. The Services

Service Provider provides order processing and shipping of grocery items to customers. Service Provider obtains requested items from local providers and packs and ships them.

2. The Site

The Site includes www.desideligroceries.com, all of its constituent pages, all content on said websites and any constituent page, all URL’s associated with or which lead to said websites, all associated applications on any platform (including without limitation Android and IOS), all trade dress and monikers on said websites, all of Service Provider’s intellectual property contained anywhere on said websites (including without limitation all trademarks, service marks, copyrights, and patents), the source and any other code, design elements, renditions, and copies of any of the foregoing. The Site further includes any and all amendments, modifications, and changes of any nature whatsoever to the foregoing.

3. Orders & Payment

Order fulfillment is subject to the availability of requested items. Service Provider may but is not obligated to contact User if one or more items is not available and ask if a replacement item is desired.

Payment for the Services or for any goods or products ordered through the Services or on the Site is due at the time of the placement of any order and must be made through the payment portal accessible on the Site. Service Provider is not obligated to accept any other form of payment.

If payment is accepted by cash, check, or money, acceptance shall be subject to any additional conditions imposed by Service Provider in its sole discretion. Service Provider may, in its sole discretion, refuse to contract with any user.

An order placed on the Site constitutes an offer to purchase the selected product(s) and service(s). Acceptance is in Service Provider’s sole discretion and may be communicated by either
(i) an email or other writing confirming placement of the order or

(ii) substantial fulfillment of the order. No contract between the parties shall be deemed created until the purchased goods are shipped and/or commencement of the rendering of any service and such contract thereafter shall only apply to such shipped goods and/or services performed.

To the extent applicable at law, user waives any claim or action for breach of express or implied contract (including without limitation quasi-contract actions) except to the extent a contract is created pursuant to this Agreement.

Orders are subject to availability of the product(s) and/or service(s) as well as price confirmation. Prices are subject to change. In the event that a price set forth on the Site is erroneous and such error is discovered after acceptance of a contract, Service Provider shall promptly notify the user, the contract shall be deemed void, and unless user opts to accept the goods and/or services at the correct price Service Provider shall promptly issue a refund to user.

Service Provider is not responsible for shipment delay or failure caused by a third party shipper or force majeure.

Placement of an order constitutes the acknowledgement and representation of the user that

(i) it is over the age of eighteen (18) and otherwise eligible to use the Site and

(ii) it is authorized to use the credit card or other method of payment through which payment is remitted.

Credit cards may be debited immediately upon provision by user of the required information. A declined or refused credit card shall be deemed a failure of consideration and shall excuse any further action (or omission) by Service Provider. Service Provider may, but is not required to, contact User and request that an alternate credit card be provided.

Service Provider is neither the agent nor the principal with respect to any third party with which user may enter into a contract, shall not be bound by any third party contract, and shall have no liability thereunder.

4. Shipping; Risk of Loss

The risk of loss for any reason due to damage to or failure of delivery of (why this, they will receive the order only after delivery) pls add even when item is picked from store. We provide service to ship to location or pick up n store shipped item or good procured or purchased through the Site or Services for any reason shifts to you immediately upon delivery. You agree to indemnify Service Provider and hold it harmless from any loss, liability, damage, injury, or cause of action of any nature whatsoever or in any way associated with Service Provider, the Site, or the Services. User is not going to compensate, its just they (or customer authorized person who accepts shipment) are responsible.

5. Changes; Refund

Service Provider shall be under no obligation to refund any payment once remitted.

6. Subscription

You shall provide true, accurate, current, and complete information as prompted by the Site and shall update such information from time to time as is necessary. The provision of false, inaccurate, or incomplete information or failure to maintain current information shall be grounds for the immediate termination of this Agreement.

You agree only you will use any account created with your subscription and that you will not share any access information, including without limitation your login or password, with any third party. You are solely responsible for maintaining the security of your login and password and agree to indemnify Service Provider for any loss, damage, claim, liability, or cause of action occasioned by the use of such login and password by any third parties.

In the event that you believe your account information has been compromised you are required to notify us immediately.

7. Third Party Accounts

The Services may, but will not necessarily, be accessed via one or more third party accounts. You agree to abide by the terms and conditions that govern such third party account and to hold Service Provider harmless from any cause of action, liability, loss, injury, or damage caused by the use of such third party provider or a violation of the terms of service of such third party provider.

8. Promotions

Service Provider may but shall under no circumstances be required to make gift or promotional offers of the Service. Any gift or promotional offers shall be pursuant to such additional terms and conditions as Service Provider shall announce in writing on the Site. Service Provider may terminate any gift or promotional offer at any time in its sole and absolute discretion. In the event of a conflict between the terms and conditions associated with a gift or promotional offer and this Agreement, the provisions of this Agreement shall control.

9. Use of The Services

a. Equipment

You are solely responsible for providing the equipment necessary to access and use the Site and the Services, including without limitation any computer, drive, software, hardware, application, modem, and internet connection. Service Provider shall not be responsible for any fees paid or accrued by you to access the internet. You agree to hold Service Provider harmless from any damage to such equipment regardless of the cause of such damage.

b. Content

All information, data, text, software, graphics, voice or sound files, photographs, videos, depictions, messages, emails, chats, text messages, documents, and other such materials (“Content”) of Licensee or any third party used on or transmitted by or through (i) the Site or (ii) the use of the Services shall be the sole and exclusive property of Licensee or such third party as appropriate. Service Provider does not warrant or guaranty the accuracy, integrity, quality, veracity, or appropriateness for any purpose of such Content, and shall be held harmless and indemnified by Licensee for any damages caused by or arising out of the use, reliance on, or application of the Content, including without limitation damages caused by errors, omissions, inaccuracies, negligence, misrepresentations, or fraud.

c. Prohibited Content

You shall not post on the Site, on your own behalf or on behalf of any third party, and shall not permit others to post on the Site, any Content that, in whole or in part:

(a) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or hate speech;

(b) misrepresents the actual identity of a person, or that misrepresents or falsely represents an affiliation with a person or entity;

(c) constitutes advertising, promotional material, junk mail, spam, a chain letter, pyramid scheme, or an unauthorized solicitation;

(d) is infected by or contains viruses, malware, spyware, worms, or any other code, files, or programs designed to interrupt, destroy, or limit functionality;

(e) is likely to interfere with or disrupt the Site or Services;

(f) violates any applicable law;

(g) imposes an unreasonable or disproportionate workload on Service Provider.

Service Provider reserves the right to remove any Prohibited Content at its sole discretion.

d. Content Modification

You authorize Service Provider to modify Content as necessary for technical delivery and network compatibility.

e. Disclosure of Content

Service Provider may preserve or disclose Content when required by law, legal process, enforcement needs, protection of rights, or safety concerns.

f. Storage

Service Provider does not guarantee storage or continued access to any Content and is not liable for data loss.

10. Modification

Service Provider may modify, suspend, limit, or discontinue the Site or Services at any time without notice.

11. Termination

Service Provider may terminate or suspend access for breach of terms. No refunds will be provided upon termination.

12. Service Provider’s Proprietary Property

All proprietary materials remain the exclusive property of Service Provider. Users are granted a limited, non-transferable license to use the Site and Services.

Reverse engineering, copying, resale, or modification is strictly prohibited.

13. Remedies

Service Provider may seek injunctive or equitable relief for breach of proprietary or confidentiality obligations.

14. Third Party Service Providers

Service Provider is not responsible for third-party products or services and disclaims all warranties related to them.

15. Disclaimer of Warranties

USE IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. No guarantees are made regarding accuracy, reliability, or performance.

16. Privacy

Service Provider may collect user data necessary for service delivery and will not disclose it except as required or permitted under this Agreement.

17. Limitation of Liability

Service Provider is not liable for indirect, incidental, or consequential damages.

18. Indemnification

Users agree to indemnify Service Provider against claims arising from misuse of services or breach of terms.

19. Jury Trial Waiver

Parties waive the right to a jury trial.

20. Class Action Waiver

All disputes must be resolved individually.

21. Compliance with COPPA

Services are not intended for users under 13 years of age.

22. Compliance with CalOPPA

Privacy policy governs data handling.

23. Miscellaneous Provisions

This Agreement is the entire agreement between parties. Invalid provisions do not affect remaining terms. Governing law: New Jersey, USA.

24. Notices

Notices may be given via email or website posting.

Service Provider Address:

1 Flagship St, Suite 3, Bayonne, NJ 07002