Terms and Conditions
Last updated: August 18, 2014
Go Ramble Grocery Delivery Service
Go Ramble is a transaction, information and communication service available to authorized users ("you" or "User(s)”) who access www.goramble.com. Go Ramble currently provides an online grocery shopping and delivery service, and in the future, may provide additional shopping and related services.
Go Ramble employees, agents or designees will shop and deliver grocery orders placed with Go Ramble. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of checkout via debit or credit card. A Pending charge will be placed on your card at checkout time and payment, including any necessary adjustments, will be completed on the day of delivery. We will attempt to gain entry to your accommodations and unpack your order prior to 4 PM on your date of arrival. If we cannot gain entry, you will be contacted to arrange an alternate delivery time when you are present. If you are not satisfied for any reason with an item purchased through the Go Ramble, you may return it and it will be credited against your next Go Ramble order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. Go Ramble liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge. In some areas, you may choose to receive your Go Ramble order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Go Ramble may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. Go Ramble is not responsible, and you agree not to hold Go Ramble or its employees responsible, for any damage or theft that occurs to an unattended delivery. Go Ramble reserves the right to refuse to leave an order unattended if the Go Ramble Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to Go Ramble and its affiliates. Users of this Website or of the Go Ramble Service ("you" or "User(s)") may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Go Ramble all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Go Ramble or any third party; or (iv) impersonates another person. Go Ramble reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
Go Ramble does not endorse any User Submission or any opinion, recommendation or advice therein, and Go Ramble expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Go Ramble with respect thereto. Go Ramble may provide links to websites owned or operated by third parties. Go Ramble does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk.
You are the sole authorized User of any account you create with Go Ramble. You are responsible for maintaining the confidentiality of any password or account number provided by you or Go Ramble for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Go Ramble has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify Go Ramble immediately.
If you provide your cell phone number to Go Ramble pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
Unauthorized or Fraudulent Use
Go Ramble does not offer the Service to children. By registering for the Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Service only with the involvement of a parent or guardian. From time to time, Go Ramble may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Go Ramble reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
Fees, Payment and Access
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Go Ramble fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the Go Ramble fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Go Ramble may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Go Ramble, Inc. may incur in its efforts to collect any unpaid balances from you. Go Ramble reserves the right to establish a credit limit for your account. Your right to use the Go Ramble service is also subject to limits established by your credit card issuer.
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GO RAMBLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE GO RAMBLE WEBSITE. GO RAMBLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GO RAMBLE WEBSITE OR THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GO RAMBLE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
GO RAMBLE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GO RAMBLE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. GO RAMBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. GO RAMBLE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS. GO RAMBLE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT GO RAMBLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE; (II) THE LIABILITY OR FITNESS OF ANY PERSONAL SHOPPER OR PERSONAL SHOPPER SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF GO RAMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT GO RAMBLE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL GO RAMBLE'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO GO RAMBLE HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless Go Ramble and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Go Ramble shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Go Ramble may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website or the Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website or the Service, Go Ramble reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Service is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Honolulu, Hawaii utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
Governing Law and Severability
This Agreement is governed by the laws of the State of Hawaii, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Website is void where prohibited.
Changes to the Agreement
Go Ramble reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Website or the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
Go Ramble welcomes your questions or comments regarding the Terms:
Go Ramble, Inc.
P.O. Box 88641
Honolulu, HI 96830
Email Address: firstname.lastname@example.org
Telephone number: +1 (888) 672-6253