Terms of Service
Last updated: September 24, 2021
Thank you for using McGrocer! These Terms of Service (“Terms”) govern your use of the McGrocer services, including McGrocer’s website, McGrocer’s mobile applications, and any websites (or portions thereof) (collectively, the “Services”), and are entered into by you and Manhogany Limited (DBA McGrocer), a company incorporated in United Kingdom (“McGrocer”). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
SECTION 13 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND MCGROCER HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST MCGROCER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 13 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services comprise a technology platform that presents you with a set of one or more wholesaler (each a “Wholesaler”, “Seller”) virtual storefronts from which you can select goods for picking and packing by one or more warehouse operative picker or personal shoppers and delivery to your location or, if available, for you to pick up from the warehouse. Depending on the Wholesaler from whom you purchase goods through the Services, picking, packing and delivery services may be performed by third parties, which may include Seller 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 McGrocer. You acknowledge that McGrocer 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 Sellers 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 McGrocer 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 Seller or Wholesaler —not the Third Party Provider and not McGrocer—is the seller of the goods to you. You agree that your purchase is being made from the Seller you have selected, that Seller is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Seller’s warehouse. You agree that McGrocer or the applicable seller will obtain a credit card authorization for your credit card on file with McGrocer to cover the cost of the goods you have purchased from the retailer and any separate McGrocer fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.
McGrocer may change the fees it charges for the Services, including but not limited to delivery fees, service fees, alcohol service fees, dangerous good 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. Sellers set the prices of the goods on the Services, and some Sellers may set prices for goods on the Services that are different than in-store prices. You can view each Seller’s pricing policies on their storefront on both their website and in the McGrocer website.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and McGrocer, McGrocer 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 charged in the British Pounds GBP.
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. McGrocer 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).