Groceries Just Became Awesome!
Terms of Service
About the Application
The Application is a platform through which Registered Users order groceries and have them delivered to a specified location. Over time and use, the Application will learn the Registered User’s grocery habits and begin to propose a weekly grocery basket.
All available grocery and delivery programs on the Application may change at any time in Homesome’s discretion, without notice.
Ownership of the Application
Use of the Application
As a condition of your use of the Application, you agree that:
You are at least 16 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the Application with crawlers, robots, data mining or extraction tools or any other functionality;
You will only engage in transactions that comply with the letter and spirit of the terms of the respective offers;
You have the right to provide any and all information you submit to the Application, the information and all such information is accurate, true, current and complete; and
You will update and correct information you have submitted to the Application and ensure that it is accurate at all times (out-of-date information will invalidate your account).
If you are 16 or older but under the age of majority (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Application. Because of this, and because it is prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Application – as this Terms of Service and your use of the Application affect their legal rights and obligations.
Access to the Application
Homesome retains the right, at our sole discretion, to deny service or use of the Application or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Application and your account accessible, the Application and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Application access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
In order to use the Application, you will have to provide your (i) first name; (ii) last name; (iii) email address; (iv) delivery location; (v) payment information; and, (vi) set an account password. The required information you will have provided is referred to herein as your Account.
You are responsible for updating and correcting information you have submitted to create or maintain your Account. You understand and agree that Homesome shall have no responsibility for any incident arising out of, or related to, your Account. You are solely responsible for maintaining the security of your Account. We will assume that anyone using the Application or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. You will be persistently logged into the Application unless you choose to delete the Application from your mobile device or we terminate your Account.
Submitting any content to the Application that:
Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
Contains personal information, except when we expressly ask you to provide such information;
Contains viruses or malware;
Offers unauthorized downloads of any copyrighted, confidential or private information;
Has the effect of impersonating others;
Contains messages by non-spokesperson employees of Homesome purporting to speak on behalf of Homesome or provides confidential information concerning Homesome;
Is purposely inaccurate, commits fraud or falsifies information in connection with your Homesome account or to create multiple Homesome accounts; or
Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Attempting to do or actually doing any of the following:
Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Scanning or monitoring the Application for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
Scanning or testing the security or configuration of the Application or to breach security or authentication measures; or
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Application or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Application.
Using any of the following:
Frames, framing techniques or framing technology to enclose any content included on the Application without our express written permission;
Any Application content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
The Application or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Homesome; or
The Application or any of its resources to solicit consumers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Homesome, including, without limitation, aggregating current or previously offered deals.
Collecting any of the following:
Content from the Application, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Application without our express written permission; or
Personal Information (defined in our Privacy Statement), User Content (defined in Section 10 below) or content of any consumers.
Engaging in any of the following:
Tampering or interfering with the proper functioning of any part, page or area of the Application or any functions or services provided by Homesome;
Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Reselling or repurposing your access to the Application;
Accessing, monitoring or copying any content from the Application using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the Application or bypassing or circumventing other measures employed to prevent or limit access to the Application;
Aggregating any current or previously-offered deals or content or other information from the Application (whether using links or other technical means or physical records associated with purchases made through the Application) with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of the Application without our express written permission;
Hyperlinking to the Application from any other website without our initial and ongoing consent; or
Acting illegally or maliciously against the business interests or reputation of Homesome or our services.
Copyright and Trademarks
The Application contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Application are protected by copyright, trademark and other intellectual property laws of the United States. Homesome owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Homesome or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Homesome does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Phontabulous, Inc. owns trademarks, registered and unregistered in the United States and “Homesome”, the Homesome logo and variations thereof found on the Application are trademarks owned by Phontabulous, Inc. or its related entities and all use of these marks inures to the benefit of Phontabulous, Inc.
Other marks on the Application not owned by Homesome may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Homesome unless otherwise stated, or may be the property of their respective owners. You may not use Homesome’s name, logos, trademarks or brands without Homesome’s express permission.
The Application may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Application from time to time. You may be required to have a Homesome account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Homesome makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Application or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of Your User Content.
You understand and agree that User Content is public. Any person (whether or not a user of Homesome’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Homesome is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Homesome. Other users may post User Content that is inaccurate, misleading or deceptive. Homesome does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Homesome. Homesome does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Application, including any objectionable User Content.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. NONE OF PHONTABULOUS, INC., ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE APPLICATION, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS, (II) OR USER CONTENT PROVIDED THROUGH THE APPLICATION. THE APPLICATION AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE APPLICATION, OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, HOMESOME HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE APPLICATION OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Limitation of Liability
When you use the Application or send emails to Homesome, you are communicating with us electronically and consent to receive electronic communications related to your use of the Application. We will communicate with you by email or by posting notices on the Application. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Application or from which you otherwise email us.
Choice of Law
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of this Section 20 is ruled to be unenforceable, then the balance of this Section 20 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
You are contracting with Phontabulous, Inc. Correspondence should be directed to: 175 Baypointe Parkway, #330, San Jose, CA 95134.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.