Welcome to Nimbly Market!

  

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

 

GENERAL TERMS

 Nimbly Market provides an online platform for delivery services of goods such as food, beverages and other grocery products (collectively, Groceries). These terms ("Terms of Service”) apply when you use the Nimbly Market mobile applications or websites (collectively, Services).

 

By using the Services, you automatically agree to the "Terms of Service”.

 

Nimbly Market is a platform for facilitating the exchange of services between individuals (User) who are willing to order Groceries via our partners (Sellers) that are willing to collectand deliver the ordered Groceries.Nimbly Market however cannot supervise, monitor or takes responsibility for the activity of store employees.

 

REGISTRATION

You are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the "Terms of Service” and the Privacy Policy, and your state that you are not less than 18 (eighteen) years of age. Registration is free of charge. No entitlement exists for admission to the Service. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. Nimbly Market has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify Nimbly Market immediately by emailing us at info@nimblymarket.com. By providing your mobile phone number to Nimbly Market pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services.

 

ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP

By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within the platform's interface. User may schedule the order for a selected time, date, week or month as per availability of Service. No contractual relationship exists between User and Nimbly Market. Nimbly Market reserve the right to refuse service to anyone for any reason at any time. 

 

VARIETY LIMITATIONS

The range and prices of Groceries may differ depending on the delivery location.

 

VOLUME RESTRICTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

 

AMENDING AND CANCELLING ORDERS

The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.

 

INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION

The primary objective of Nimbly Market is to deliver all the products ordered in the right quantity and to a high-quality standard. User acknowledges that the Groceries are subject to stock availability and to human errors. Nimbly Market reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after Nimbly Market becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Seller.

Nimbly Market reserves the right to forward a user order to another Seller then the one initially selected from the user without informing the user in the event that the initial Seller fails to fulfil the order. In this case the new Seller the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial Seller. The payment method will remain the same.  

 

DELIVERY

Groceries will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Seller own delivery service, by a delivery partner, or by Nimbly Market delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.

 

Nimbly Market endeavors to deliver Groceries within scheduled delivery time set by the User. Nimbly Market does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Nimbly Market’s control that may result in early or delayed deliveries. You agree that Nimbly Market shall not be liable for any deliveries made outside the expected delivery time frame.

 

The Seller holds the responsibility to provide the user with the receipt upon delivery.

 

For reasons beyond Nimbly Market’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, Nimbly Market is entitled to cancel the User’s order. In this event, the User is not entitled to compensation, however; in case of online payment, the refund will be initiated by Nimbly Market at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 1-3 working days. 

 

PRICES

Nimbly Market strives to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible, and you agree not to hold Nimbly Market liable in such instances.

 

All prices are quoted in the country’s local currency where Nimbly Market is operating. In countries where Sales taxes are applicable the prices displayed on the app/website Sales taxes will not be included in the displayed price. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. 

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 

Nimbly Market reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Nimbly Market shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PAYMENT METHODS 

You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability: 

 

            * Credit card 

            * Debit Card

            * Interact payment

We accept Visa, MasterCard and AMEX credit/debit card. 

 

Minors under the age of 18 shall are prohibited to register as a User of this website or application and are not allowed to transact or use them. If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. 

 

The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, Nimbly Market is entitled to offer the User cash on delivery payment option or credit card reader on delivery where available.

  

PRODUCT INFORMATION

We take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. and/or available at all times. Nimbly Market therefore accepts no liability in respect of the constant, uninterrupted availability of the online Seller, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.


CUSTOMER SERVICE & COMPLAINTS

Nimbly Market Customer Service provides information regarding any questions, issues or complaints related to the Nimbly Market service. Users may contact Nimbly Market via email (info@nimblymarket.com). Missing items must be reported immediately, otherwise Groceries are considered to have been accepted by User as being in perfect condition. Hidden defects must be reported to Nimbly Market customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.

 

Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Nimbly Market makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Nimbly Market may share the address, phone number, and other required info with partner supermarkets for fulfillment of orders or to have CRM systems aligned.

 

By using Nimbly Market services, you agree that neither Nimbly Market nor its affiliates or licensors are responsible for the fitness or conduct of any shop. neither Nimbly Market nor its affiliates or licensors will be liable for any claim, injury or damage arising in connection with the acts or omissions of any shop. in the event you have a dispute with any shop, you hereby release Nimbly Market and its officers, directors, employees, subsidiaries, affiliates, agents and representatives from any and all claims, liabilities, costs, including without limitation attorney's fees, loss or damage of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the Nimbly Market Privacy Policy available at www.nimblymarket.com, any User Submission transmitted or posted to this online platform will be considered non-confidential. In addition, by submitting any User Submission to Nimbly Market, you hereby grant Nimbly Market a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and Nimbly Market's business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Nimbly Market all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Nimbly Market or any third party; or (iv) impersonates another person. Nimbly Market reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person. Nimbly Market does not endorse any User Submission or any opinion, recommendation or advice therein, and Nimbly Market expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Nimbly Market with respect thereto. Nimbly Market may provide links to Software Applications owned or operated by third parties. Nimbly Market does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Your linking to any other Software Applications from this Service is at your own risk.

 

Use of customer support is entirely your responsibility. Changes are periodically made to the applications and websites and may be made at any time without notice to you. the support is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Nimbly Market makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any software applications linked to the Nimbly Market software applications. Nimbly Market assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Nimbly Market software applications or the support; any unauthorized access to or use of Nimbly Market's secure servers and/or any and all personal information and/or financial information therein. Nimbly Market does not warrant that the software applications will operate error-free or that the software applications and its server are free of computer viruses and other harmful goods. If your use of the software applications results in the need for servicing or replacing equipment or data, Nimbly Market shall not be responsible for those costs. Nimbly Market, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third-party rights and the warranty of fitness for a particular purpose. Nimbly Market makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. Nimbly Market and its partners and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others 

 

LIMITATION OF LIABILITY

 You agree that Nimbly Market shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with your use of the support; the liability or fitness of any customer in connection with the performance of or browsing in the software applications or your links to other software applications from this software applications, even if Nimbly Market has been advised of the possibility of such damages. You further agree that Nimbly Market shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. in no event shall Nimbly Market's total liability to you for any losses arising hereunder exceed the amounts paid by you to Nimbly Market hereunder. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you. Should a jurisdiction be averse to a limitation or exclusion of warranties, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.

 

WAIVER

No waiver of any rights or remedies by Nimbly Market shall be effective unless made in writing and signed by an authorized representative of Nimbly Market. A failure by Nimbly Market to exercise or enforce any rights conferred upon us by "Terms of Service” shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

INDEMNITY

You agree to defend, indemnify and hold harmless Nimbly Market and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Applications and/or Website or from any breach by you of "Terms of Service. 

 

TERMINATION

At its sole discretion, Nimbly Market may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, Nimbly Market reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however Nimbly Market do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.

 

GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

GENERAL PROVISION

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

 

NATURE OF RELATIONSHIP

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

 

CHANGES TO TERMS OF SERVICE 

Nimbly Market reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. 

 

Questions about the Terms of Service should be sent to us at info@nimblymarket.com