The portal www.freshonthegogrocery.ca is managed and operated by Fresh On The Go Inc (“FreshOnTheGo”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses FRESHONTHEGO GROCERY in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on FRESHONTHEGO GROCERY (“Service ”) will be subject to these terms and conditions for use of FRESHONTHEGO GROCERY (“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service. These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing FRESHONTHEGO GROCERY or availing any Service. By using the FRESHONTHEGO GROCERY or availing any Service, you signify your agreement to be bound by these Terms of Use.
1. USE OF FRESHONTHEGO GROCERY You agree and acknowledge that Freshonthego Grocery is an online platform that enables you to purchase the products listed on FreshOnTheGo Grocery at the indicated price at any time from the serviceable locations.

Only persons who can enter into legally i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Freshonthego Grocery. If you are a minor i.e. under the age of 18 years, you may use Freshonthego Grocery only with the involvement of a parent or guardian.

3.1. In order to use FreshOnTheGo Grocery and avail the Services, you will have to register on FreshOnTheGo Grocery. Registration is a one-time process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a FreshOnTheGo Grocery account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your FreshOnTheGo Grocery account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by us (for example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third party. Your credentials shared by you at the time of registration and your FreshOnTheGo Grocery login ID and password are referred to as “Account Information”.
3.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.
3.3. You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to FreshOnTheGo Grocery or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to FreshOnTheGo Grocery, terminate accounts, remove or edit content at any time without notice to you.

4.1. You understand that once you have shared your Account Information and successfully registered on FreshOnTheGo Grocery, you may receive SMS or email notifications from us relating to your registration and transactions on FreshOnTheGo Grocery.
4.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on FreshOnTheGo Grocery from time to time. By sharing your Account Information and registering on FreshOnTheGo Grocery and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings.
4.3. We may also send notifications and reminders with respect to the Services on FreshOnTheGo Grocery. While Fresh On The Go Inc. endeavors to provide these notifications and reminders to you promptly, We does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from FreshOnTheGo Inc at any time by following the instructions set out in such communications.

5.1. Your use of FreshOnTheGo Grocery, the Services, and access to the FreshOnTheGo Grocery Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on FreshOnTheGo Grocery. You will use FreshOnTheGo Grocery solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use and business purposes.
5.2. The license granted to you does not include a license for: (a) any collection and use of product listings, description, or prices, (b) any use of FreshOnTheGo Grocery, the Services and/or of FreshOnTheGo Grocery Content other than as contemplated in these Terms of Use, (c) any downloading or copying of Account Information, (d) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of FreshOnTheGo Grocery, (e) creating and/ or publishing your own database that features parts of FreshOnTheGo Grocery.
5.3. You grant to FreshOnTheGo Inc a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on FreshOnTheGo Grocery without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on FreshOnTheGo Grocery. You agree to perform all further acts necessary to perfect any of the above rights granted by you to FreshOnTheGo Inc, including the execution of deeds and documents, at its request. Please note that FreshOnTheGo Inc at all times reserves the right to refuse your access to FreshOnTheGo Grocery, terminate/deactivate your account, remove or edit content on FreshOnTheGo Grocery, at its discretion.

6.1. During the course of your registration on and usage of FreshOnTheGo Grocery or availing the Services, We may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, , login details etc.
6.2. Fresh On The Go Inc. respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, we have formulated the Privacy Policy, which shall be deemed included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access FreshOnTheGo Grocery or avail the Services. For more information, please refer to the Privacy Policy.

7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on FreshOnTheGo Grocery or any of the other Services are the property of us (“FreshOnTheGo Grocery Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to FreshOnTheGo Grocery whether or not displayed on FreshOnTheGo Grocery, are proprietary to FreshOnTheGo Grocery Inc.
7.2. We may display on FreshOnTheGo Grocery any third-party logos, trade names, trademarks of other brands, as per the license granted to us by such brands.
7.3. No information, content or material from FreshOnTheGo Grocery (including the FreshOnTheGo Grocery Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without our written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FreshOnTheGo Inc and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without the express written consent from us, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

8.1. We will try to make access to and use of freshonthegogrocery.ca error-free and without interruptions. However, your access to our website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on our site. We do not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. Freshonthegogrocery.ca may contain user-generated content which FreshOnTheGo Inc does not pre-screen and which contains views that may be opinions of users/ experts. We will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). We do not promise that the user generated content on our website is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
8.3. To help you in identifying the products of your choice, description of the products are provided on our site by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.