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Terms of Use

Thank you for using PriceWhirl. PriceWhirl owns and operate this website ("Site") at PriceWhirl.com, and these Terms of Service govern your use of our services and technological interfaces. Throughout the Site, the terms "we", "us", and "our" refers to PriceWhirl.

By visiting our Site, registering an account with us, providing us with your details which includes but not limited to email address, purchasing something from us and/or using our Services, you agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation and definitions of the Terms.

Please read these Terms of Use carefully before accessing or using our Site, as you agree to be bound by these Terms of Use upon doing so. These terms govern your access to and use of the Services of PriceWhirl. If you do not agree to all the terms and conditions of this agreement, then you may not access and/or use the Site, Services and/or Content. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check these Terms of Use regularly for changes. If you do not agree to the Terms of Use, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended Terms of Use constitutes acceptance of those Terms of Use.

We do not warrant that the materials on the Site are appropriate or available for use in locations outside Barbados. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws. PriceWhirl disclaims all liability resulting therefrom.

When you use the PriceWhirl to place an order for products, you authorize the purchase and delivery of those products from the retailers we have preselected. Unless otherwise specified, you acknowledge and agree that PriceWhirl and the personal shoppers and drivers are acting as your agents in picking, packing and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the preselected retailers and 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 PriceWhirl 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 retailer and any separate PriceWhirl fees, and your card will be charged for the goods purchased by you and any applicable fees.

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

  1. Your use of PriceWhirl
  2. You represent and warrant that by registering for the Services as an individual, you are at least 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. If you are registering for the Services for and on behalf on an entity that is not a natural person, you represent and warrant that you are authorized to enter into this agreement and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity. Your access and use of the Services shall be at your own discretion and risk, and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). While using the Site, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our 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 we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services. Some parts of our 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 PriceWhirl a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable 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. PriceWhirl 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 our Services may be governed by open source licenses. In that case, we 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. A breach or violation of any of the Terms of Use will result in an immediate termination of the Services without further reference to you. We reserve the right, at our sole discretion, to refuse service to anyone for any or for no reason at any time. By creating a PriceWhirl user account, you agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. Communications include, but are not limited to, concerning orders placed through your account on the PriceWhirl.

     

  3. Delivery areas
  4. As our Services continue to expand in Barbados, there may be times when some areas will not be covered by our one hour or same day delivery services. To determine if you are eligible for one hour or same day delivery services, please proceed to checkout where our software will determine your delivery location and provide you with available delivery options. One Hour and Same Day delivery Services are usually available to customers having groceries delivered within 11 km of the Warren’s area. Customers outside of the 11km delivery zone are eligible for next day delivery, starting as early as 10am. We expect to provide one hour and same day delivery services across the island in the near future/

     

  5. Accuracy, Completeness And Timelines Of Information
  6. The services are provided "as is" and "as available." to the maximum extent permitted by applicable law, PriceWhirl disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in addition, PriceWhirl makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by personal shoppers or third party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free. PriceWhirl does not guarantee the quality, suitability, safety or ability of personal shoppers, third party providers, or retailers. You agree that the entire risk arising out of your use of the Services, any Services provided by personal shoppers or third party providers, or any products requested by you or delivered to you, remains solely with you. You agree that neither PriceWhirl nor its affiliates, retail partners, licensors, or suppliers is responsible for the fitness or conduct of any personal shopper or third party provider or for any services provided by any personal shopper or third party provider. Neither PriceWhirl nor its affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any personal shopper or third party provider. If you have a dispute with one or more personal shoppers or third party providers, you agree to release PriceWhirl (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

     

  7. Limitation of Liability
  8. In no event shall PriceWhirl (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. In no event shall PriceWhirl (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by personal shoppers or third party providers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages. PriceWhirl, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by personal shoppers or third party providers, or any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you PriceWhirl for the past 12 months of the services. This provision applies to the maximum extent permitted by applicable law. We are not responsible for the accuracy of information on this Site, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.

     

  9. Modifications To The Provision Of Services And Prices
  10. We reserve the right, at our sole discretion and at any time to modify the prices of our products without further notice to you. We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you. We disclaim all liability to you or to any third-party for any changes to the Services, including but limited to modification, price change, suspension or discontinuance of the Services.

     

  11. Account Information
  12. To access certain parts of the Site, Services and/or Content, you will be required to register for an account with PriceWhirl ("Account"). In so doing, you will be required to input your e-mail ("Login ID") and password ("Password"). It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree and undertake to: a. You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password. You agree not to: b. share or permit others to use your Account or Password; or c. assign or transfer your Account to any other person or entity. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, loss, theft, or unauthorized disclosure of your Password, please notify us immediately at: customersuccess@PriceWhirl.com You acknowledge and agree that each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by updating your information under Settings/ Edit Profiles. Where a delivery address is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion, without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately: d. cancel any orders placed through such Account(s); e. cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s); f. prohibit such Account(s) or persons from participating in any promotions, contests or surveys of PriceWhirl; and/or g. merge, suspend and/or terminate such Account(s).

     

  13. Accuracy of Billing And Account Information
  14. 2. 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. 3. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. we can complete your transactions and contact you as needed.

     

  15. Errors, Inaccuracies And Omissions
  16. a. Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. b. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you. c. We undertake no obligation to update, amend or clarify information in the Site, Services, Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, Content or on any related website should be taken to indicate that all information in the Site, Services, Content or on any related website has been modified or updated.

     

  17. Prohibited Uses
  18. d. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site, Services or Content: i. for any unlawful purpose; ii. to solicit others to perform or participate in any unlawful acts; iii. to violate any international, regional, or local regulations, rules, laws, or local ordinances; iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; vi. to submit false or misleading information; vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; viii. to collect or track the personal information of others; ix. to spam, phish, pharm, pretext, spider, crawl, or scrape; x. for any obscene or immoral purpose; or xi. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

     

  19. Termination
  20. a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. b. These Terms of Use are effective unless and until terminated by us. c. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services. d. If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

     

  21. No Waiver
  22. PriceWhirl’ failure to monitor or enforce any 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.

     

  23. Changes to Term of Use
  24. a. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

     

  25. Product Information, Pricing and Payment
  26. PriceWhirl endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. PriceWhirl shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on the prices listed on the Site save where the actual price of any product is dependent on its weight ("weighed item"). If you purchase a weighed Item, we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the weighed item will be made known to you at the time of delivery and:- in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and a. in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery. All product prices are shown in Barbadian dollars and are inclusive of VAT. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. Payment for all orders shall be made in Barbadian dollars. We accept payment for orders by MasterCard, and Visa. We also accept cash during our Beta Testing Period.. By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your indicated delivery address.

     

  27. Products
  28. We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right, at our sole discretion, to discontinue any product at any time. Any offer for any product or Services made on this Site is void when it is prohibited by law. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. If the delivery includes alcoholic drinks or any other age-restricted items, you agree to ensure that a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. PriceWhirl reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the customer an a re-delivery fee of S$15.00. Any alcohol listings on the Site are intended for those who are 18 years or above, and may only be purchased by those who are 18 years and above.

     

  29. Cancellation and Refunds
  30. 2. From time to time, some or all of the items that you purchase may be out of stock. In such a situation, you can either:- let your personal shopper suggest a substitute to you while shopping. If we are unable to obtain your approval to the substitute, no such substitute will be made for you. 3. If any of the items that you have ordered on our Website or App are out of stock or missing, you agree that you are still responsible for and will make payment for the remaining item(s) ordered by you (if any, as the case may be).

     

  31. Intellectual Property
  32. PriceWhirl is respectful of the intellectual property rights of others and as such will respond to valid notices of copyright infringement, and reserves the right to terminate any users, at our sole discretion, without any notice, who infringe copyrights or intellectual property rights of others. If you believe any content posted or made available on our Services constitutes infringement of your copyright rights, you may send a written notice of infringement to PriceWhirl using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the PriceWhirl Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
PriceWhirl ATTN: Copyright Agent #25 Grazettes terrace St. Michael Barbados Admin@PriceWhirl.com

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