Welcome to GoFresh, a fresh produce and food company that serves the food service sector, supermarkets, and homes. We are dedicated to providing high-quality, locally sourced products to our customers. By accessing or using our website, mobile application, and other online services, you agree to be bound by the following terms and conditions.
These Terms govern all aspects of your interactions and relationship with GoFresh Caribbean, including without limitation, visiting and interacting with the website, mobile application and other online services, receiving promotions from us, participating in activities or sweepstakes/contests involving us, purchasing products or services from us, and receiving communications from us, including promotional texts, calls, and emails. We urge you to download or print these Terms for ease of reference and to keep a copy of the Terms for your records.
When changes are made to these Terms, GoFresh Caribbean will make a new copy of the Terms available on the website and the mobile application. We will also update the “Effective Date” at the top of the Terms. If you do not agree to any change(s) you may not use the website, mobile application, and/or the Offerings (defined in Section 5 below) as applicable. Your continued use of the website, mobile application and/or Offerings constitutes your acceptance of such change(s), and such changes shall apply prospectively only.
Registering Your Account. In order to utilize specific features on the website, mobile application, or other online services, individuals will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the website, mobile application, or other online services (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the website, mobile application, or other online services (each such account, a “Third-Party Account”).
Access Through a SNS. If you access the website, mobile application or other online services through a SNS as part of the functionality of the website, mobile application, or other online services, you may link your Account with Third-Party Accounts, by allowing GoFresh to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to GoFresh and/or grant GoFresh access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GoFresh to pay any fees or making GoFresh subject to any usage limitations imposed by such third-party service providers.
By granting GoFresh access to any Third-Party Accounts, you understand that GoFresh may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the website, mobile application, or other online services that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the website, mobile application, or other online services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content (as defined in this agreement) for all purposes of the Agreement. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the website, mobile application, or other online services. Please note that if a Third-Party Account or associated service becomes unavailable or GoFresh’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the website, mobile application, or other online services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website, mobile application, or other online services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND GOFRESH DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. GoFresh makes no effort to review any SNS Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and GoFresh is not responsible for any SNS Content.
Should you create an account with GoFresh, you agree to (1) provide true, accurate, complete, and up-to-date information, as well as update the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible either at email@example.com or if you believe there have been any breaches to the security of the website, mobile application, or other online services, or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least eighteen (16) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the website, mobile application, or other online services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the website, mobile application, or other online services by minors. You may not share your Account or password with anyone.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or GoFresh has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, GoFresh has the right to suspend or terminate your Account and refuse any and all current or future use of the website, mobile application, or other online services, or any portion thereof. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. GoFresh reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the website, mobile application, or other online services if you have been previously removed by GoFresh, or if you have been previously banned from the website, mobile application, or other online services. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of GoFresh.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Ordering and Payment
To place an order on GoFresh, you must provide a valid email address and payment information. We accept major credit cards and other forms of payment as indicated on our website. Your payment will be processed at the time of ordering. By submitting your order, you confirm that the payment details provided are valid and correct.
Our subscription service is an automatic, recurring weekly subscription to GoFresh Products (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). Each week you will receive a package from GoFresh (your “Fresh Box”), including the contents of your chosen Plan (a specific number and type of “Fresh Kits”). You can find specific details regarding your Plan and the GoFresh Service by accessing your Account details via the website, mobile application or other online services.
THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. GoFresh may submit periodic charges (e.g., weekly) without further authorization from you, until you provide advance notice (in compliance with the deactivation procedures in Section 10.3) that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before GoFresh reasonably could act. To terminate your authorization or change your payment method, log on to your GoFresh account, email firstname.lastname@example.org, call 1-876-314-7074, or, where required, log into your GoFresh account. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of service. Additionally, by signing up for our subscription service you are agreeing to recurring periodic payments for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with this section. You can deactivate your subscription at any time, provided that you do so within the applicable deactivation notice period, as defined in this agreement. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit a re-subscription where we have previously elected to terminate a subscription by you.
Furthermore, your subscription will continue indefinitely until terminated in accordance with the Agreement. Following your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period and continue for successive renewal periods of the same length, at the then-current, non-promotional subscription rate. You agree that your account will be subject to this automatic renewal feature unless you deactivate your subscription. To deactivate your subscription, email email@example.com, call 1-876-314-7074, or, where required, log onto your GoFresh account. Additional details for deactivation procedures are in this Agreement. If you deactivate, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing to the service, you authorize GoFresh to charge your payment provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if GoFresh does not receive payment from your payment provider, (A) you agree to pay all amounts due on your account upon demand and (B) you agree that GoFresh may either terminate your subscription or continue to attempt to charge your payment provider until payment is received. You are responsible for ensuring that your account information and payment details are accurate and up-to-date. If GoFresh is unable to charge your payment provider, your subscription may be suspended or terminated and you will be responsible for any outstanding charges.
In addition, GoFresh reserves the right to change the subscription fee and the subscription plan options upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the GoFresh website or the mobile application or by email. Your continued use of the service after such notice constitutes your acceptance of the changes.
Please note that if you are subscribed to any of our subscription plan options and you cancel your subscription before the end of your then-current subscription term, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
We reserve the right to adjust prices at our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices are shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes, or other fees may vary geographically. The shipment of fresh fruits and vegetables to you after our delivery of such notice will confirm your acceptance of such changes unless you cancel your subscription in accordance with the Term’s Deactivation policies, found in this agreement.
All products are subject to availability. In the event that a product is out of stock or unavailable, we will notify you and provide you with the option to select an alternative product or to cancel your order.
We make every effort to ensure that our products are of the highest quality. However, the nature of fresh produce means that some variation in size, color, and appearance is to be expected. If you are not satisfied with the quality of your product, please contact us within 24 hours of receiving your order and we will make every effort to resolve the issue.
We offer delivery services to a wide range of areas. Delivery times may vary depending on your location, and we will provide you with an estimated delivery time when you place your order. We are not responsible for delays caused by traffic, weather, or other factors beyond our control.
In the event of inclement weather or other circumstances beyond our control that prevent us from making safe deliveries, we will make every effort to deliver your Order as soon as it is safe to do so. In some cases, the delivery may occur on a date other than your scheduled delivery day. If we are unable to deliver your Fresh Box due to unforeseen circumstances, we will cancel the delivery for that period and issue a credit or refund, as determined by GoFresh in its sole discretion.
Returns and Refunds
If you are not satisfied with your order for any reason, please contact us within 24 hours of receiving your order. We will make every effort to resolve the issue, and if necessary, provide a refund or replacement.
Changes to Terms and Conditions
We reserve the right to make changes to these terms and conditions at any time. We will post any changes on our website and mobile application, and will take appropriate measures to notify you of any material changes.
You agree to defend, indemnify, and hold harmless GoFresh, its affiliates, service providers, and licensors, and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers, and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs, and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products, or any Offerings, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify GoFresh of any third-party claims, cooperate with GoFresh in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement, and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GoFresh. You agree that the provisions in this Section will survive any termination of your Account, the Agreement, and/or your access to the Offerings.
GoFresh does not warrant that the contents of the Fresh Boxes will meet your expectations or requirements. The Fresh Boxes are provided “as is” and “as available,” and GoFresh disclaims all express and implied warranties, including but not limited to warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property. You are solely responsible for the proper and safe preparation, use, and consumption of the contents of the Fresh Boxes, and assume all risks related to these activities.
PLEASE NOTE THAT THE NINE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, SHELLFISH, AND SESAME ARE STORED, PORTIONED, AND PACKAGED IN GoFresh’s AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE GoFresh TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. GoFresh DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT GoFresh IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Disclaimers of Warranties
WE STRIVE TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITE (OR ANY FEATURES OR FUNCTIONALITY OF THE SITE) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU.
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Florida without giving effect to any principles of conflict of law.
If you have any questions about these terms and conditions or your use of our website, mobile application, or other online services, please contact us at firstname.lastname@example.org
These terms and conditions were last updated on 24/01/2023.