These Terms and Conditions ( “Terms” ) govern your use of the Sabziboxes Shopper Application ( “Sabziboxes Shopper App” ), platform, and affiliated content, to sign up as a personal shopper or delivery provider and/or provide such services through the Sabziboxes Platform (as defined herein).
Your provision of any personal shopping and/or delivery services are subject to the Independent Contractor Agreement between you and Sabziboxes, including its subsidiaries or affiliates; or, if you are using the Sabziboxes Shopper App in the course of your employment, the provision of any personal shopping and/or delivery services are subject to your employment agreement or your employer’s agreement with Sabziboxes, including its subsidiaries or affiliates (each agreement may be referenced in these Terms as the “Agreement” and such terms regarding the Agreement are only applicable if you or your employer have entered into one).
Before using the Sabziboxes Shopper App, you are required to read, understand, and agree to these Terms.
1.1. The “Sabziboxes Shopper App” shall mean the software provided by Sabziboxes, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Sabziboxes Shopper App. The Sabziboxes Shopper App allows you to submit your information to sign up to provide services through the Sabziboxes Platform and to receive information to enable your performance of “Services” which shall mean personal shopping and/or delivery services through the Sabziboxes Platform pursuant to the Agreement.
1.2. The “Sabziboxes Platform” is Sabziboxes technology that provides a communications and logistics platform that enables consumers who seek Services from retailers in their area to be matched with individuals or third party providers interested in providing those services.
1.3. “Device” shall mean a mobile device capable of running the Sabziboxes Shopper App.
PROPRIETARY RIGHTS AND LICENSES
All trademarks, copyright, database rights, patent, and other intellectual property rights of any nature in the Sabziboxes Shopper App together with the underlying software code, its affiliated content (which may be accessed outside of the Shopper App on Sabziboxes -controlled webpages), and any and all rights in, or derived from the Sabziboxes Shopper App or the Sabziboxes Platform are proprietary and owned either directly by Sabziboxes or by Sabziboxes licensors and is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Sabziboxes Shopper App in compliance with these Terms and the Agreement. No portion of the Sabziboxes Shopper App may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sabziboxes Shopper App in any manner, and you shall not exploit the Sabziboxes Shopper App in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
2.2. Sabziboxes hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, and perpetual revocable license to use the Sabziboxes Shopper App for your lawful use in accordance with these Terms and the Agreement on your Device. Sabziboxes retains all rights, title, and interest in and to the Sabziboxes Shopper App, the Sabziboxes Platform, and its other intellectual property. This license starts on the date that you accept these Terms and install or otherwise use the Sabziboxes App. The license ends on the earlier date of your disposal of the Sabziboxes App or Sabziboxes termination of the license in accordance with these Terms or the Agreement.
2.3. The Sabziboxes Shoppers App may request from you any feedback, including but not limited to product or retailer information, or images of receipts or products ( “Feedback” ). You agree that such Feedback shall be the exclusive property of Sabziboxes and that you will sign all documents necessary to confirm or perfect the exclusive ownership of Sabziboxes to the Feedback. You further agree not to enforce, and otherwise waive to the fullest extent legally possible any moral rights that you may have now or in the future in respect of the Feedback and, to the extent Sabziboxes is not recognized as the owner of Feedback, you agree to grant Sabziboxes a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, exploit, or modify the Feedback in any way and for any purpose without payment to you.
3. CONDITIONS OF USE
3.1. When signing up to be a user of the Sabziboxes Platform, your information will be used to create an account. You may not sign up more than once. You will take all reasonable steps to protect your log in details and keep them secret, including any access codes you may be sent to access your account. You are responsible for all activities performed using the Sabziboxes Shopper App whether the access is authorized by you or not.
3.2. You may use the Sabziboxes Shopper App in accordance with the following conditions:
- Pursuant to the Agreement, with the terms of service of the relevant digital storefront where you obtained the Sabziboxes Shopper App, including but not limited to the Apple iOS App Store and the Google Play Store, in accordance with any applicable third party terms of agreement using the Sabziboxes Shopper App, and per any applicable law, rule, and regulation.
- You may only use the Shopper App in countries and territories where Sabziboxes services are available to customers.
- You must provide Sabziboxes information that is true, accurate, and complete at all times and you may not impersonate any other person in your use of the Sabziboxes Shopper App or the Sabziboxes Platform or post another person’s personal information, data, content, or materials through the Sabziboxes Shopper App or the Sabziboxes Platform without the person’s consent.
- You may not rent, lease, sell, transfer, redistribute, or sublicense the Sabziboxes Shopper App.
- You may not use or promote the use of any form of modifications, exploits, or other unauthorized means to interfere with, or gain undue advantage in your use of the Sabziboxes Platform.
- You may not attempt to disrupt or burden the normal operation of the Sabziboxes Platform, or any of Sabziboxes infrastructure or any of Sabziboxes other business activities.
- You may not make any automated uses of the Sabziboxes Shopper App or the Sabziboxes Platform or gain any other unauthorized access therewith.
- You may not attempt to decompile, reverse engineer, disassemble, hack, defeat, or overcome any of Sabziboxes software, encryption technologies, or security measures or data transmitted, processed or stored by Sabziboxes.
3.3. Sabziboxes failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. THE SABZIBOXES SHOPPER APP AND Sabziboxes PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SABZIBOXES DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SABZIBOXES MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SABZIBOXES SHOPPER APP OR SABZIBOXES PLATFORM, OR THAT THE SABZIBOXES SHOPPER APP OR SABZIBOXES PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
4.2. SABZIBOXES SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SABZIBOXES SHOPPER APP OR SABZIBOXES PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING, AND/OR DELIVERING INFORMATION REGARDING THE SERVICES. SABZIBOXES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF SABZIBOXES HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SABZIBOXES IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF YOUR INABILITY TO ACCESS, OR YOUR DIFFICULT IN ACCESSING, THE SABZIBOXES PLATFORM THROUGH THE SABZIBOXES SHOPPER APP. SABZIBOXES IS NOT LIABLE FOR ANY CHARGES YOU MAY INCUR IN USING THE SABZIBOXES SHOPPER APP. SABZIBOXES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE SABZIBOXES SHOPPER APP OR BY ANY OTHER MEANS. SABZIBOXES SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SABZIBOXES SHOPPER APP OR SABZIBOXES PLATFORM IN ANY COUNTRY.
5. CHANGES AND UPDATES
5.1. Sabziboxes may make changes to these Terms from time to time. When Sabziboxes does so, Sabziboxes will post the most current version of the Terms and, if a revision to the Terms is material, Sabziboxes will notify you of the new Terms (for example, by email from Sabziboxes or a notification from Sabziboxes on the Sabziboxes Shopper App). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Sabziboxes Shopper App.
5.2. You understand that, Sabziboxes may, at its sole discretion, provide updates and changes to the Sabziboxes Shopper App and Sabziboxes Platform and that it is your responsibility to update the Sabziboxes Shopper App when updates are available. Sabziboxes is not liable for any loss that you may suffer as a result of your failure to update Sabziboxes Shopper App.
6. CONTACT INFORMATION
6.1. If you have questions about signing up or performing your Services as a shopper, please review our Help Center located at email@example.com
6.2. If you have any questions about these Terms, you may contact firstname.lastname@example.org.