ATLANTIS FRESH DELIVERY
Terms & Conditions
These Terms and Conditions (these “Terms”) apply to your access to, and your use of our mobile
applications (collectively the “Apps” and each an “App”), website located at
www.AtlantisFreshDelivery.com (the “Site”), which are operated by Atlantis Delivery LLC, or its
subsidiaries, licensees and affiliated companies (“Atlantis Fresh Delivery”, “we”, “Atlantis Delivery”,
“us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so
please read them carefully. NOTE THAT SECTION 11 OF THESE TERMS CONTAINS A MANDATORY
ARBITRATIONPROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY CLICKING “I ACCEPT”, OR BY ACCESSING OR USING THE SERVICES, CREATING AN
ACCOUNT, OR MAKING ANY PURCHASES, YOU AGREE TO THESE TERMS. THESE TERMS ARE
SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR
ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION
AND CLASS ACTION WAIVER IN SECTION 11 OFPART ONE, YOU MAY NOT ACCESS OR USE OUR
SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES
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Part 1 - Terms for All Users
1. Eligibility
The Services are not targeted toward or intended for use by anyone under the age of 13.
Atlantis Fresh Delivery encourages parents to supervise their children’s digital activities and to
consider usingparental control tools available from online services and software manufacturers
that help provide a child-friendly online environment. These tools can also keep children from
disclosing online their name, address and other personal information without parental consent.
Additional eligibility requirements apply to purchases made using the Services, and are set forth
in Part Three.
If you are using the Services on behalf of any person, you represent and warrant that you are
authorized to accept these Terms on such person’s behalf and that such person agrees to be
responsible to us if youor such person violates these Terms.
2. Accounts and Account Security
In order to access and use certain areas or features of the Services, including to purchase any
products made available through the Apps (the, “Products”), you will need to register for an
account (an “Account”). You can create an Account as follows:
Download our App on a smartphone or other mobile device that is capable of downloading and
running the App from the Apple App Store or Google Play Store (as applicable) and follow the
prompts to create an Account. Atlantis Delivery does not charge to download its App, but
standard data rates may apply.
By creating an Account, you agree to (a) provide accurate, current and complete Account
information,
(b) maintain and promptly update, as necessary, your Account information, (c) maintain the
security of your Account credentials, (d) be responsible for the acts or omissions of any third party
who has authority to access or use your Account, including by use of the Services on your behalf,
and (e) immediately notify us if you discover or otherwise suspect any security breaches related to
your Account. We shall not be responsible for misdirected communications such as mail or e-mail
or anyconsequences thereof.
3. Privacy Policy
Atlantis Delivery’s personal information practices, including the collection, use and/or disclosure
of your personal information, are governed by Atlantis Delivery’s privacy policy located at
https://www.AtlantisFreshDelivery.com/privacy, which is hereby incorporated into these Terms
by reference. We reserve the right to modify our privacy policy from time to time. While using
the Servicesand from time to time, you may be asked whether you consent to and wish to
receive marketing and other non-critical communications relating to the Services. If you agree
and consent to receiving such communications from Atlantis Delivery, you may opt-out of
receiving such communications at any time as provided in our privacy policy.
4. Ownership, License & Restrictions on Use
4.1 The materials provided, contained in or made available for use in connection with the
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Services (collectively, the “Materials”) are protected by law, including, but not limited to
United States Copyright and Trademark laws, and international treaties. The Services are
controlled and operated by Atlantis Delivery from its offices within the U.S. Atlantis Delivery
makes no representation that any of the Services or Materials are appropriate or available for
use in other locations, and access to them from territories where their contents are illegal is
prohibited. Those who choose and access any of the Services from other locations do so on
their own initiative and are responsible for compliance with applicable local laws. See below
for further copyright and trademark information.
4.2 All right, title and interest (including all copyrights, trademarks and other intellectual
property rights) in the Services and the Materials belong to Atlantis Delivery or the original
creator of the material. Further, all names, designs, graphics, data, images, pictures, logos
and icons on the Services and the Materials are proprietary information or proprietary marks
of Atlantis Delivery or the original creator of the material. The compilation of all content,
including the look and feel of the Services (including the Materials), is the exclusive property
of Atlantis Delivery and is protected by U.S. copyright law, as applicable. Except as may be
expressly provided herein, nothing contained in these Terms or elsewhere shall be construed
as conferring any license or right, by implication, estoppels or otherwise, under copyright,
trademark or other intellectual property rights, to any of the Material. You are hereby granted
a personal, non-exclusive, non-transferable, limited license to: (i) use the Apps on your mobile
device for your personal non-commercial use only; and (ii) view the Sites, and to print
insignificant portions of materials retrieved from the Sites provided (a) they are used only for
informational, non-commercial purposes, and (b) you do not remove or obscure the
copyright notice orother notices. You are not allowed to modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer or sell any
information, products or services obtained directly from the Services (including the
Materials). Further, you may not reproduce any part of the Services (including the Materials)
and any such violation with respect to the Services will terminate the license(s) granted
herein.
4.3 You also may not, without the permission of Atlantis Delivery "mirror" any of the Materials on
any other server. Any unauthorized use of any of the Materials may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications regulations and
statutes.
4.4 As between you and Atlantis Delivery, all submissions, suggestions, ideas, artwork, or other
information (the "Submission") communicated to Atlantis Delivery through the Services
become the soleand exclusive property of Atlantis Delivery. Atlantis Delivery is not required
to treat any Submissions as confidential, and will not incur any liability as a result of any
similarities that may appear in future Atlantis Delivery endeavors. Atlantis Delivery will have
exclusive ownership of all present and future existing rights, including all commercial rights,
to the Submission of every kind and nature in perpetuity throughout the universe, without
acknowledgment or compensation to you. You acknowledge that you are responsible for
whatever material you submit, and that you, not Atlantis Delivery, have full responsibility for
the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
Atlantis Delivery reserves the right (but is not obligated) to remove or edit such content, but
does not regularly review posted content. Atlantis Delivery has the right but not the
obligation to monitor and edit or remove any activity or content. Atlantis Delivery takes no
responsibility and assumes no liability for any content posted by you or any third party.
4.5 The trademarks, service marks, and logos (the "Trademarks") used and displayed on the
Services (including the Materials) are registered and unregistered Trademarks of Atlantis
Delivery and others. Nothing on the Services should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed on
the Services (including the Materials), without the written permission of the Trademark
owner. Atlantis Delivery aggressively enforces its intellectual property rights to the fullest
Last Updated: December 21, 2021
extent of the law. The name of Atlantis Delivery LLC, or the Atlantis Fresh Market logo may
not be used in any way, including in advertising or publicity pertaining to distribution of
materials on the Services, without prior, written permission of Atlantis Delivery. Atlantis
Delivery prohibits use of the Atlantis Delivery logo as a "hot" link to any website, including
Atlantis Delivery sites, unless establishment of such a link is approved in advance by Atlantis
Delivery in writing. User Conduct
As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of
the Services for any purpose that is unlawful or prohibited by these Terms; (b) use the Services in
any way that could damage, disable, overburden, or impair any of the Services, or interfere with
anyone else's use of any of the Services; (c) attempt to gain unauthorized access to Atlantis
Delivery computer systems or networks connected to Atlantis Delivery, through hacking,
password mining or any other means; (d) attempt to reverse engineer any portion of any of the
Services or attempt to infringe the intellectual property rights of others in any way; (e) obtain or
attempt to obtain any materials or information through any means not intentionally made
available through any of the Services; (f) attempt to circumvent any content-filtering techniques
we employ or attempt to access any feature or area of our Services that you are not authorized
to access; (g) develop or use any third-party applications that interact with our Services without
our prior written consent, including any scripts designed to scrape or extract data from our
Services; and (h) use our Services for any illegal or unauthorized purpose, or engage in,
encourage or promote any activity that violates these Terms.
5. Third-Party Content
The Services may contain links to and from third party websites. Atlantis Delivery has no control
over the content or privacy policies of third-party websites that you may link to from the Services
or their advertisers. If you visit a linked website, be aware that the third party operating any such
website may have access to any information you submit via that website. Atlantis Delivery is not
responsible for any third party's failure to establish or abide by its or our privacy policy. We
suggest always checking the privacy policy for each website that you visit prior to submitting any
personal information. Links to third party websites do not imply endorsement of the websites by
Atlantis Delivery.
6. Effective Date, Modification; Changes
These Terms are effective and were last updated as of the revision date at the beginning of these
Terms.At any time, Atlantis Delivery may revise these Terms. If we make changes, we will post
the amended Terms to our Services, and update the “Last Updated” date. We may also notify you
by sending an emailnotification to the address associated with your Account or providing notice
through our Services.
Revisions are effective and binding when posted on the Services. Any continued use of any of
the Services following any revision means you agree to the revisions. Atlantis Delivery expressly
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reserves the right to terminate or discontinue any of the Services at any time and for any reason,
with or without notice to you.
7. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who
infringe the intellectual property rights of others. If you believe that anything on our Services
infringes any copyright that you own or control, you may notify Atlantis Delivery’s Designated
Agent as follows:
AtlantisFreshDelivery.comAtlantis
Delivery LLC
Attn: Webmaster 555 S. Columbus Ave.
Suite 201
Mt. Vernon, NY 10550
8. Disclaimers
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE
SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. WE DO NOT REPRESENT OR
WARRANT THAT: (A) THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS
ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR
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(C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
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YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY
CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, ATLANTIS
DELIVERY MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY,
COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF
THE SERVICES OR ANY CONTENT THEREON. ATLANTIS DELIVERY WILL NOT BE LIABLE FOR
ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT
RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE
DELETION OF, OR THE FAILURE TO STORE. ATLANTIS DELIVERY MAKES NO WARRANTY THAT
THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
THE SERVICES MAY NOTBE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS
OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR
OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE
INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN
ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS,SO SOME OR
ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
ATLANTIS DELIVERY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY
RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES,
PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES
OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES,
THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM
OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORSIN OR
OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY
PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY
PROMOTIONAL CONTESTS, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN
CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS)
APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN
CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS
(INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER
TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH
ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES.
WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING,AND WE DO NOT WARRANT
THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF
THEIR WEBSITES. ATLANTIS DELIVERY DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY
FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD
PARTIES.YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER
CONDITIONS OF USE. ATLANTIS DELIVERY IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY
WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU
VIEW ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS
ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH
MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER
CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE
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THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING
CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVEIN YOUR
ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES 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 SERVICES MAY
CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A
REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS
OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
9. Limitation of Liability
IN NO EVENT WILL WE OR OUR PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES, OR ANY OF
OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR
THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE)OR OTHERWISE, WILL NOT EXCEED
THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE
MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID ATLANTIS DELIVERY,
THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR
TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
10. Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAINDISPUTES AND CLAIMS WITH ATLANTIS DELIVERY AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
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Access to and use of any of the Services and these Terms are governed by the laws of the State
of New York and the United States as applicable therein, without resort to conflict of law
provisions. Atlantis Delivery makes no representation that the contents of any of the Services are
appropriate or available for use outside of the United States, and those who choose to access any
of the Services from other locations are solely responsible for compliance with their local laws.
Any legal actions against Atlantis Delivery must be commenced within two years after the claim
arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings
(collectively, “Disputes”) arising out of or related to a violation of Section 5 or Disputes in which
either party seeks to bring an individual action in small claims court or seeks injunctive or other
equitable relief for the alleged unlawful use of intellectual property, including, without limitation,
copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Atlantis Delivery
agree (a) to waive your and Atlantis Delivery’s respective rights to have any and all Disputes
arising from or related to these Terms, or the Services resolved in a court, and (b) to waive your
and Atlantis Delivery’s respective rights to a jury trial. Instead, Any Dispute arising out of or
relating to any of the Services, or these Terms will be settled by binding arbitration before JAMS,
Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The
rules of JAMS and additional information about JAMS are available on the JAMS website. By
agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read
and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and
any claim that the rules of JAMS are unfair or should not apply for any reason. ANY SUCH
DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE
CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY. Each party
shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for
the arbitration you agree to provide us the option of paying the arbitrator before seeking to
initiate any other form of dispute resolution, including litigation. The arbitration will be
conducted in Westchester County, New York, or in the county where you reside, and judgment
on the arbitration award may be entered into by any court having jurisdiction thereof. The award
of the arbitrator shall be final and binding upon the parties without appeal or review. You have
the right to optout of binding arbitration within thirty (30) days of the date you first accepted the
terms of this Section 12 by writing to: Atlantis Delivery LLC, 555 S Columbus Ave Suite 201 Mt
Vernon, NY 10550. In order to be effective, the opt-out notice must include your full name and
clearly indicate your intent to opt out ofbinding arbitration. BY OPTING OUT OF BINDING
ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A
COURT LOCATED IN WESTCHESTER, NEW YORK. Notwithstanding the foregoing, Atlantis
Delivery may immediately seek any interim or preliminary injunctive relief from any court of
competent jurisdiction, as necessary to protect its rights or property (including intellectual
property rights).
11. Governing Law and Venue
These Terms, your access to and use of the Services, including your order of Products shall be
governed by and construed and enforced in accordance with the laws of the State of New York,
without regard to conflict of law rules or principles (whether of the State of New York or any other
jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute
between the parties that is not subject to arbitration or cannot be heard in small claims court,
shall be resolved in the state or federal courts of the State of New York and the United States,
respectively, sitting in the State of New York,County of Westchester.
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12. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in
our solediscretion, to terminate your right to access or use the Services and to order, receive and
use the Products, at any time and for any or no reason, and you acknowledge and agree that we
shall have no liability or obligation to you in such event and that you will not be entitled to a
refund of any amounts that you have already paid to us, to the fullest extent permitted by
applicable law.
13. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term,
clause or provision will be severable from these Terms and will not affect the validity or
enforceability of any remaining part of that term, clause or provision, or any other term, clause or
provision of these Terms.
14. Survival
The following sections will survive the expiration or termination of these Terms and the
termination of your Atlantis Delivery account: all defined terms and Sections 3, 4, 5, 9, 10, 11, 12, 13,
14, and 15 of Part One.
15. Miscellaneous
These Terms (including, for greater certainty, the additional items in Part Two) constitute the
entire agreement between you and Atlantis Delivery relating to your access to and use of the
Services and your order, receipt and use of Products. These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by you without the prior written consent
of Atlantis Delivery. No waiver of any provision of these Terms will constitute a waiver of such
provision in any prior, concurrent or subsequent circumstance, and Atlantis Delivery’s failure to
assert any right or provision under these Terms shall not constitute a waiver of such right or
provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of
the parties and are not intended to confer third party beneficiary rights upon any other person
or entity.
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Part Two -
TERMS APPLICABLE TO USE OF THE ATLANTIS DELIVERY APP and the
ATLANTISFRESHDELIVERY WEBSITE
These terms govern the purchase and sale of Products from and by Atlantis Delivery through the
Atlantis Fresh Delivery App and the Atlantis Fresh Delivery Website.
1. Atlantis Fresh Delivery Services
Atlantis Fresh Delivery wants to make the Products you love available to you in ways that are
convenient to you. In furthering this mission, we created the Atlantis Delivery application (the
“Atlantis Delivery App”)and the Atlantis Fresh Delivery website (the “Atlantis Fresh Delivery
Website,” together with the Atlantis Fresh Delivery App, collectively the “Atlantis Delivery
Service”), which give users the capability to order Products for delivery. The Atlantis Delivery
Service is currently beta software, meaning that are still in development and may not function
fully or may not function without error. During this test phase, delivery services are limited to
participating locations. All Orders placed using the Atlantis Delivery Service are subject to
availability and your acceptance of these Terms.
2. Acceptance of Order
Your placement of an Order does not necessarily assure that we will accept your Order. We
reserve the right to refuse any Order in our sole discretion for any reason, including but not
limited to lack of availability, errors on the AtlantisFreshDelivery Service, and/or errors in the
Order. Once a properly completed Order is received, authorization of your form of payment is
received and we have accepted your Order, we will begin preparing your Order for pickup or
delivery, as applicable, and will send you an Order Confirmation.
3. Guest Checkout
You must have a valid, active Account to use the Atlantis Delivery Service. If you do not have an
Account, you may create one at the time of your Order.
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4. Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges (if any) are
additional.
PRICES, PROMOTIONS AND OFFERS DISPLAYED IN THE ATLANTIS DELIVERY SERVICE ARE
SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED
IN, OR ADVERTISED FOR, OUR ATLANTIS FRESH MARKET STORES OR ON THE ATLANTIS
DELIVERY APP. FOR EXAMPLE, SOMETIMES ATLANTIS DELIVERY SERVICE PRICES WILL BE
HIGHER THAN IN-STORE PRICES.
We reserve the right to charge a “Small Basket Fee” if your Order does not exceed a minimum
amount, which may vary by area. You will be advised of any applicable Small Basket Fee prior to
checkout. All of our Products are subject to availability, and we reserve the right to impose
quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain
Products and to substitute Products without prior notice. We strive to provide you with high-
quality Products, and given the perishable nature of certain Products and market conditions
beyond our control, we may be required to make substitutions from time to time.
The delivery fee quoted at checkout may be different than the actual delivery fee for your Order.
Differences may occur based on changing availability of drivers, changes in traffic, and other
factors between the time you submit your Order and the time your Order is dispatched for
delivery and are determined solely by our third-party delivery partners. You agree to pay any
such differences in delivery fee and that Atlantis Delivery is under no obligation to inform you of
such changes before charging yourpayment method for the actual delivery fee.
5. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant
that youare authorized to use the designated payment method and that you authorize us (or our
third-party payment processor) to charge your payment method for the total amount of your
purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the
payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be
cancelled. You must resolve any payment method problems before we proceed with your Order.
If you want to delete your payment method or add a new payment method, you can do so at any
time by accessing your “wallet” within theAtlantis Delivery Service.
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In some cases, we (or our third-party payment processor) may authorize or reserve a charge on
your payment method. The authorization is not a charge. However, it may reduce your available
credit by theauthorization amount. In the event that the amount of our authorization exceeds
the total funds on deposit in your payment account, you may be subject to overdraft or non-
sufficient funds charges by thebank issuing your payment method. We are not responsible for
these charges and are unable to assist you in recovering them from your issuing bank.
When checking out within the AtlantisFreshDelivery Service, you may choose to store your credit /
debitcard information for future use. This information will not be stored by AtlantisFreshDelivery
but by our payment processor, Authorize.net. This information will only be used to pay for
purchases through the Atlantis Delivery Service when you choose to use the stored card.
6. Deliveries/Shipping
Once you place your Order, you will be provided with an estimated delivery time at checkout.
This time is only an estimate, and your actual delivery time may be longer or shorter depending
on a variety of factors including, among others, traffic, distance, availability of delivery agents at
any given time, and weather.
Depending on the area, Atlantis Fresh Delivery may partner with third-party delivery services
such as Postmates, UberEats and Doordash to fulfill its deliveries. When dispatched through our
third-party delivery partners, differences in estimated delivery times based on changing
availability of drivers, changes in traffic, and other factors between the time you submit your
Order and the time your Order is dispatched for delivery are determined solely by our third-
party delivery partners. If an issue stemming from a delivery fulfilled by our third-party partners
arises, please contact Atlantis Fresh Delivery support via the in-app phone number, also
available on the website.
You are responsible for inspecting all Products you receive from us for any damage or other
issues upon delivery. Atlantis Delivery reserves the right to charge you the full Order amount if
you or your designated recipient is not at the designated delivery location when the delivery
agent arrives to complete the delivery as well as a restocking or return fee. For deliveries
containing alcohol or other age-restricted products, see Section 11 below for additional
requirements. You acknowledge that transportation or logistics services are provided by third
party independent contractors who are not employed by Atlantis Delivery.
7. Cancelations
When you place an order on the Atlantis Fresh Delivery app, Atlantis Fresh Delivery will place a
hold authorization on your card for the amount of the transaction. The transaction is not
processed until your order is successfully delivered or picked up.
When an order is cancelled in time, Atlantis Fresh Delivery reverses the charge and releases the
hold authorization. The pending charge will be voided. Because there was nothing deducted from
your account, there is nothing to ever credit back to your account upon the cancellation.
Last Updated: December 21, 2021
You may cancel your order, but your eligibility to not be charged depends on the status of the
order and applicable laws and regulations.
For Delivery Orders - if you have placed an order for delivery, you cancel your order, and the status
of your order “Preparing,” then your payment has not been and will not be processed. However, if
you have placed an order for delivery, you cancel your order, and the status of the order is either;
Order is in progress or ready for pickup, and driver has been assigned” or “The driver is on the
way,” then your payment has been processed and, subject to applicable laws and regulations, you
are not eligible to have the charge voided.
For Pickup Orders, if you have placed an order for pickup, you cancel your order, and the status of
your order is either “Order is in progress” or “Order is ready for pickup” and the cancellation
notification is received within the first 30 minutes of the submitted order, then your payment has
not been and will not be processed.
However, if you have placed an order for pickup, you cancel your order, and the status of your
order is “Order is ready”, but the cancel notification was received past the first 30 minutes of the
submitted order, then your payment has been processed and, subject to applicable laws and
regulations, you are not eligible to be voided.
8. Refunds/Returns/Store Credit
Atlantis Fresh Delivery customers who receive defective or incorrect items may be eligible for a
refund for that particular item(s). To receive a refund, customer must: 1) from the Atlantis Fresh
Delivery app, locate your PAST ORDER history, tap your order, and note down the order ID
number and the items with issues - once these details have been retrieved, the customer must
contact the customer support line from within the app to have a refund processed or receive
store credit.
Subject to applicable laws and regulations, Atlantis Fresh Delivery customers who order an item
which is not received, are eligible for refund if the non-delivered items are reported to the support
line within 24 hours of the expected delivery. Atlantis Fresh Delivery reserves the right to not issue
refund upon abuse of this policy.
Atlantis Fresh Delivery and its delivery partners reserve the right to refuse delivery to a customer
who 1) is not of legal age in accordance with applicable laws and regulations; 2) is unable to
provide a valid government issued ID; 3) if the name on the ID does not match the name on the
order; or 4) is visibly intoxicated at the time of delivery.
Refunds are not available for items when: 1) customers refuse delivery; 2) customers are not at the
designated delivery location when delivery partner arrives with order or fails to pick up an order;
or 3) subject to applicable laws and regulations, customer requests the refund more than 7 days
after initial purchase (or 24 hours after non delivery of purchase).
Once the refund is approved, the amount to be refunded will be credited back to the card or
payment method used to make the initial purchase. The timing of the charge reversal will
depend on your card issuer’s policy. Under no circumstances will any refund be made with cash.
All refunds are processed through Atlantis Fresh Delivery support and are not available at any
store location
Last Updated: December 21, 2021
9. Taxes
We will collect applicable sales tax on Products shipped in the states for which we determine we
have aduty to collect sales tax. If a Product is subject to sales tax, you agree that the amount of
taxes shown atcheckout may be adjusted. Several factors may cause this, such as variances
between processor programs and changes in tax rates.
10.
Product Information Disclosures
While we work to ensure that Product information is correct, on occasion manufacturers may
alter their ingredient lists. Actual product packaging and materials may contain more and/or
different information than that shown via the Atlantis Delivery Service, at an Atlantis Fresh
Market store, or in an Order confirmation. For these reasons you should not rely on the
information presented, but should always read labels, warnings, and directions before using or
consuming a Product. For additional information about a Product, please contact the
manufacturer. Information and statements regarding dietary supplements have not been
evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or
prevent any disease or health condition. Neither Atlantis Delivery, its content provider(s) nor
Product manufacturers assume any liability for inaccuracies, misstatements, or omissions. In the
event of an error, whether on the Atlantis Delivery Service, or at an Atlantis Fresh Market store, in
an Order confirmation or in processing an Order, or delivering a Product, we reserve the right to
correct such error and revise your Order accordingly (including charging the correct price) or to
cancel the Order and refund any amount charged.
11. Orders Containing Age Restricted Products (Products containing Alcohol)
You may have the option to order alcohol or Age Restricted Products from participating locations.
You agree that you will comply with all applicable laws and not cause Atlantis Delivery to
contravene any applicable laws. You agree that you are 21 years of age or older if you order Age
Restricted Products. You agree to provide valid government-issued identification during the
ordering process and again upon pick-up or delivery of Age Restricted Products. You agree that
we cannot deliver alcohol Products to “dry” areas or areas where possession of alcohol is
otherwise prohibited, or to persons who are under the legal age or who, in the sole determination
of the delivery agent, are intoxicated when receiving delivery of such Products. Lastly, you agree
that if any applicable legal requirements for the delivery of Age Restricted Products are not met,
Atlantis Delivery reserves the right to cancel either the Age Restriction -related portion, or your
entire Order, in its sole discretion.
12. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
13. Customer Service
Last Updated: December 21, 2021
If you have any questions or concerns relating to your Order, please contact us at 888-204-1420
Last Updated: December 21, 2021