Policies

Welcome to Island Fresh Delivery's Terms and Agreement Section. Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.

This Agreement (the "Agreement") is a legal agreement between you and Island Fresh Delivery Inc. ("Island Fresh Delivery" or "MGS") that states the terms and conditions, under which you may receive the Island Fresh Delivery, service and use www. IslandFresh.com. If you use the Island Fresh Delivery's service or www. IslandFresh.com, you agree to these terms and conditions.

  1. 1. Island Fresh Delivery's Delivery Service and Website. The Island Fresh Delivery, service is a transaction, information and communication service available to authorized users ("customers") who access www. IslandFresh.com. MGS currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

    • Grocery Shopping and Delivery Service. Island Fresh Delivery's employees, agents or designees will shop and deliver grocery orders placed with Island Fresh Delivery. Delivery will be made to the delivery address that you specify when you place your order. Payment for groceries and associated shopping and delivery fees is due at the time of order. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If Island Fresh Delivery cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the MGS, you may return it and it will be credited against your next MGS order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. Island Fresh Delivery's 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 Island Fresh Delivery order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing alcoholic products cannot be left unattended under any circumstances. MGS may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. Island Fresh Delivery is not responsible, and you agree not to hold MGS or its employees responsible, for any damage or theft that occurs to an unattended delivery. MGS reserves the right to refuse to leave an order unattended if the Island Fresh Delivery Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
    • Third Party Information Providers and Merchants. The MGS service may permit you to order and receive products, information and services from businesses which are not owned or operated by MGS. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Island Fresh Delivery does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Island Fresh Delivery, service.

  2.  Your Member Account. You agree to provide Island Fresh Delivery with accurate and complete information as required by registration for the Island Fresh Delivery, service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Island Fresh Delivery of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Island Fresh Delivery, service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify MGS immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Island Fresh Delivery, Service until you notify Island Fresh Delivery of the unauthorized use, loss or theft.

  3. Property Rights - www. IslandFresh.com and Island Fresh Delivery. You agree to defend, indemnify and hold Lose Your List and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
    • Copyright: All content on IslandFresh.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Island Fresh Delivery 2010, H & H Resources LLC dba Island Fresh Delivery. ALL RIGHTS RESERVED, or its content providers.
    • Trademarks: All Island Fresh Delivery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of MGS or otherwise proprietary to MGS and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on IslandFresh.com are the property of their respective owners.

  4.  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 Island Fresh Delivery fee schedule which can be accessed online. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Island Fresh Delivery Inc. may incur in its efforts to collect any unpaid balances from you.
  5. Unauthorized or Fraudulent Use. .

    Island Fresh Delivery does not offer the MGS Service to children. By registering for the Island Fresh Delivery, Service, you warrant that you are at least 18 years old. If you are under 18, you may use the MGS Service only with the involvement of a parent or guardian. From time to time, MGS 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 MGS reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

  6. Changes in Agreement, Fee Schedule or Island Fresh Delivery, Service MGS may at any time change any of the terms of this Agreement or the MGS fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Island Fresh Delivery, service. If MGS makes material changes to this Agreement or changes to the MGS fee schedule, Island Fresh Delivery will provide notice to you in a manner provided in this Agreement. Your use of the Island Fresh Delivery, service after any such change will be conclusively deemed acceptance of such change. Island Fresh Delivery may discontinue or revise any or all aspects of the MGS service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Island Fresh Delivery, Service and terminate this Agreement.


  7. Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE Island Fresh Delivery, SERVICE, www. IslandFresh.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Island Fresh Delivery, SERVICE, www. IslandFresh.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ONE CLICKGROCERY, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Island Fresh Delivery DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY www. IslandFresh.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT www. IslandFresh.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

    NEITHER Island Fresh Delivery NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE Island Fresh Delivery, SERVICE, www. IslandFresh.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH Island Fresh Delivery. Island Fresh Delivery's LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY Island Fresh Delivery AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


    The material on www.IslandFresh.com is provided for lawful purposes only. H & H Resources, LLC controls and operates www. IslandFresh.com from its headquarters in Kula, Maui Hawaii, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.IslandFresh.com from other locations, you are responsible for compliance with applicable local laws.
  8. IndemnificationYou agree to defend, indemnify and hold Island Fresh Delivery and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.


  9. Privacy and SecurityYour privacy is important to us here at Island Fresh Delivery. We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at Maui GroceryService.com, you are accepting the practices described in this Privacy Policy. When you register with Island Fresh Delivery, you provide us with your name, billing and delivery addresses, e-mail address, telephone number, and credit card account number and expiration date. You select a username and password allowing you access to the Island Fresh Delivery, service. Your password should be kept strictly confidential to prevent unauthorized use. While using the Island Fresh Delivery, service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. Island Fresh Delivery also receives and stores certain types of information whenever you interact with us through the use of "cookies." Cookies are identifiers transferred to your computer's hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These "cookies" allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that Island Fresh Delivery may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those Island Fresh Delivery Services that require the use of such cookies. Island Fresh Delivery uses your information to enhance and personalize your shopping experience. Island Fresh Delivery does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service or as described below.


  10. Termination MGS may at any time change any of the terms of this Agreement or the MGS fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Island Fresh Delivery, service. If MGS makes material changes to this Agreement or changes to the MGS fee schedule, Island Fresh Delivery will provide notice to you in a manner provided in this Agreement. Your use of the Island Fresh Delivery, service after any such change will be conclusively deemed acceptance of such change. Island Fresh Delivery may discontinue or revise any or all aspects of the MGS service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Island Fresh Delivery, Service and terminate this Agreement.
    • Aggregated Information. MGS may use aggregated information regarding its customers and usage of the MGS service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
    • Third Party Service Providers. MGS may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
    • Sale of Business. MGS may transfer Customer Registration Data and other personal information in connection with the sale of MGS or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.
    • Enforcement of Agreement or Compliance with Law. MGS may use or disclose personal information when MGS believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of MGS or its users or to comply with the law.

  11. You may at any time review and change your personal information stored by IslandFresh.com by accessing the My Account page at IslandFresh.com. At Island Fresh Delivery, we want you to feel safe while shopping with us. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Web server. Once received, your personal information is stored in our secure data center.
  12. Legal and Miscellaneous
  13. This Agreement states your entire agreement with Island Fresh Delivery regarding the use of the Island Fresh Delivery, Service and www.IslandFresh.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
    • The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
    • This Agreement shall be governed by the laws of the State of Hawaii without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Island Fresh Delivery Inc. or its Associates or relating in any way to your use of the Island Fresh Delivery or www. IslandFresh.com resides in the courts of Hawaii, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Hawaii in connection with any such dispute.
    • Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
    • Sections 7 and 8 of this Agreement are for the benefit of Island Fresh Delivery and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Island Fresh Delivery, service.