Terms of Use
Thank you for your interest in the Robomart application for your mobile device (the "App") provided to you by Robomart Inc. ("Robomart", "us" or "we"), and our web site at robomart.co (the "Site"), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Service is displayed (collectively, together with the App and Site, our "Platform"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and Robomart. In order to use the Platform you must agree to these Terms.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.
ROBOMART PLATFORM
The Platform connects consumers with robomarts (automated mobile stores), and businesses selling goods through robomarts (“Merchants”), to facilitate on-demand store-hailing. Through the Platform, consumers may request that a robomart be hailed to their location so that they can shop checkout-free for goods from our merchants.
Robomart is not a retailer, grocer, grocery or food delivery platform, merchandise delivery platform or grocery or food preparation entity. Robomart is not liable or responsible for Merchants’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, Robomart does not guarantee the quality of what Merchants sell and does not independently verify, and is not liable for, representations made by Merchants regarding their products on the Platform.
Robomart is not the retailer of any products offered by Merchants, nor is it in the delivery business, nor is it a fleet owner or vehicle manufacturer. Robomart provides a technology platform facilitating the transmission of requests and orders by consumers of robomarts selling goods from Merchant partners in vehicles owned and leased by fleet operator partners (“Partners”).
Robomart is committed to ensuring that the merchandise or groceries taken by a consumer during an order engagement is facilitated in a manner consistent with consumer’s expectation.
As provided in greater detail in these Terms, you agree and acknowledge these material terms:
The Platform is licensed, not sold to you, and you may use the Platform only as set forth in these Terms;
Your use of the Platform may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
You consent to the collection, sharing, and use of your personally identifiable information in accordance with Robomart’s Privacy Policy;
The Platform is provided "as is" without warranties of any kind, and Robomart’s liability to you is limited; and
Disputes arising under these Terms will be resolved by binding individual arbitration.
1. Eligibility
You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
2. Accounts and Registration
To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via email at contact@robomart.co. Robomart will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Robomart or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
3. Scope of License
The Platform is licensed, not sold, to you for use only under the terms of this license. Robomart reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Robomart hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Robomart may revoke this license at any time, in its sole discretion.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Robomart that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Payment Terms
4.1. General Payment Terms
Platform
You understand that the prices for goods or items displayed through the Platform may differ from the prices offered or published by Merchants for the same goods or items and/or from prices available at other third-party websites/mobile applications. Prices for goods or items displayed through the Platform may not be the lowest prices at which the goods or items are sold.
Because of the nature of the Platform, Robomart does not know the final order value for your engagement. Where you request a robomart in advance of physically shopping for goods, Robomart does not know the exact price to be charged by the Merchant, therefore Robomart may designate an estimated authorization hold along with a hailing fee (the “Estimated Subtotal”). Merchants may charge more or less than the Estimated Subtotal for products or menu items you order. Similarly, we may charge more or less than the Estimated Fees based upon the final prevailing price of Merchant’s goods. In some cases, we may not be able to provide Estimated Subtotal or Estimated Fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. Robomart reserves the right to determine final prevailing pricing of all goods or items ordered through the Platform. In cases in which prevailing pricing is different than the Estimated Subtotal and/or Estimated Fees, what you are ultimately charged may be different than the estimated total. You acknowledge and agree to pay the prevailing pricing and fees, even if they differ from the Estimated Subtotal and/or Estimated Fees.
Certain features of the Platform, including placing requests, may require you to pay fees to Robomart. Robomart may change, or add, fees for use of our Platform at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our FAQ on the Robomart website periodically to learn more about how we charge for the Platform.
Robomart has no obligation to itemize the costs, profits or margins of Merchant goods when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on Robomart’s income). Robomart will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. We may also place a pre-authorization hold on your payment method, as described in Section 4.2.
Charges paid by you are final and non-refundable, except as expressly provided in Section 4.2, and will be quoted in the local currency of the location where the order is being delivered or picked up. Except as expressly provided in Section 4.2, Robomart has no obligation to provide refunds or credits. However, Robomart, in its sole discretion, may provide consumers with refunds, courtesy credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms (see Credits section below).
Referral Program
Robomart, in its sole discretion, may offer a referral program (“Referral Program”), allowing consumers to earn courtesy credits, or other promotional rewards (“Referral Program Rewards”) by inviting their eligible friends to register as new Robomart consumers using a unique referral code (“Referral Program Codes”). Referral Program Codes must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Robomart. Referral Program Rewards may vary by consumer, location, and/or availability. Referral Program Rewards can only be redeemed for Robomart orders on the Robomart app with the latest version, and within areas and times that Robomart Platform is available. Referral Program Rewards are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. Referred consumers will be disqualified and will not receive Referral Program Rewards if Robomart has a record of their name, email, phone number, device, or credit card having been used for a prior Robomart order or being linked to an existing active or inactive Robomart account. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, the event that Robomart determines or believes that your participation in the Referral Program or use or redemption of Referral Program Codes was in error, fraudulent, illegal, or otherwise in violation of these Terms.
Promotional Offers and Credits.
Promotional Offers. Robomart, in its sole discretion, may make promotional offers available from itself or from its Merchant partners with different features and different rates to any consumer. These promotional offers are subject to these Terms and may be valid only for certain consumers as indicated in the offer. A consumer must have a valid Robomart account with a valid form of accepted payment on file to take advantage of a promotional offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Robomart; (iii) are subject to the specific terms that Robomart establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; (v) may only be applied if all qualifying conditions are met; and (vi) are not valid for use after the date indicated in the offer.
Promotional offers can only be redeemed for Robomart orders on the Robomart app with the latest version, and within areas and times that Robomart Platform is available. Promotional offers are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. For promotional offers available only to new consumers or new Unlimited subscribers, as applicable, consumers will be disqualified and will not be entitled to receive the offer if Robomart has a record of their name, email, phone number, devise, or credit card having been used for a prior Robomart order or being linked to an existing active or inactive Robomart account. Offers cannot be applied retroactively for prior purchases and cannot be combined unless otherwise indicated. You agree we may change the terms and conditions of an offer, terminate an offer, or expire, withhold, deduct, limit, or modify an offer at any time for any reason. Robomart reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Robomart determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Robomart reserves the right to modify or cancel an offer at any time. The offer-redeeming consumer is responsible for paying any applicable sales tax related to the use of an offer. Robomart has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Credits. Robomart may, from time to time, issue gratuitous credits in its sole discretion. Robomart credits will be automatically applied to your next order, can only be redeemed for Robomart orders made through the Robomart app with the latest version, and within areas and times that Robomart Platform is available. Credits may be applied toward order subtotals or the hailing fee only as indicated in your consumer account. The expiration date(s) for such credits can be found in the Robomart app and/or the credit-issuing email. Credits may not be applied with any other offer. Credits are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
4.2. Payment Authorization
You authorize Robomart to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you place an order request through Robomart, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds. In the event that the pre-authorization is lower than the final amount, we will either authorize an increase in the original amount or, if unsuccessful, we will capture the increase in amount owed by you in a second authorization.
Robomart also places an initial temporary pre-authorization hold on each new payment method you add to your account.
Robomart reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
4.3. Delinquent Accounts
If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform. If you do not bring your Robomart balance current after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access at any time. You will be responsible for paying all past due amounts. If you have questions regarding an outstanding balance on your account, please contact us via email at contact@robomart.co.
If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, we may charge another stored payment card if your default payment is declined or no longer available to us.
4.4. Consumer Not Available
Robomart reserves the right to charge you a cancellation fee or retain the hailing fee, if you are not at the designated location when the robomart arrives and the robomart has waited an allotted time.
4.5. Cancelled Orders
If you cancel a request prior to the robomart being assigned you will not be charged a cancellation fee or the hailing fee. If you cancel a request after a robomart has been assigned we may charge you a cancellation fee or retain the hailing fee. If the robomart arrives and you cancel without starting your shopping engagement we may charge you a cancellation fee or retain the hailing fee. If you start your shopping engagement at the robomart and decide not to take any items and end the engagement, we will not charge you for any items but may charge a cancellation fee or retain the hailing fee. You will be notified of any applicable charges before you complete your cancellation.
5. Third-Party Interactions
5.1. Third-Party Providers
During use of the Platform, you may purchase goods from third-party Merchants through the Platform. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party Merchant. Robomart and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Robomart or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Robomart disclaims any and all responsibility or liability arising from such agreements between you and a third party.
5.2. Third-Party Advertising
The Platform may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
5.3. Links to Third Party Sites
The Platform may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
6. Your Use of the Platform
In order to use the Platform, you agree to the following:
The Platform, including any content that forms part of the Platform, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization;
You agree not to bypass any security or other features of the Platform designed to control the manner in which the Platform is used, harvest or mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with individual human use;
You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform account without permission;
You agree not to decipher, reverse engineer, decompile or disassemble the Platform, or the software used to provide the Platform, in whole or in part, or authorize, direct, or cause a third party to do so;
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Platform, or any portion thereof, unless and solely to the extent Robomart makes available the means for embedding any part of the Platform;
You agree not to access, tamper with, or use non-public areas of the Platform, Robomart’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Robomart’s providers;
You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Robomart is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform;
You agree that your use of the Platform may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform.
7. Consent to Use of Data
Please see Robomart’s Privacy Policy, for more information regarding information Robomart collects, and how it uses and shares that information.
8. Intellectual Property Ownership
The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of Robomart and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Robomart in these Terms are expressly reserved.
9. Content You Provide through the Platform
9.1. Content You Provide
You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, favorites, liked items, bookmarked Merchants, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Platform or through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”).
9.2. Use of Your Content
You acknowledge that when you Post User Content on or through the Platform, the User Content shall be deemed, and shall remain Robomart’s property. Robomart does not provide any compensation for User Content that you Post on or through the Platform. You agree that User Content that you Post on or through the Platform shall be deemed to be non-confidential and non-proprietary, and Robomart shall have no obligation of any kind with respect to such information. When you Post User Content on or through the Platform, you grant Robomart a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with Robomart’s or its partners’ or affiliates’ business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by Robomart, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further grant Robomart a license to use your username and/or other user profile information, including, without limitation, your order history and how long you have been a Robomart consumer, to attribute User Content to you, if we choose to do so. Further, Robomart shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to Robomart shall survive termination of the Platform or your account. Notwithstanding the foregoing, our use of your personal data shall be governed by the Robomart Privacy Policy.
9.3. User Content Representations
You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Robomart does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Robomart for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
9.4. User Content Review
You acknowledge and agree that Robomart and its designees may or may not (but do not assume any obligation to), at Robomart’s discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that Robomart reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, Robomart has the right to remove any User Content that violates these Terms or is otherwise objectionable in Robomart’s sole discretion. You acknowledge and agree that Robomart does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
10. Communications
10.1. Text Messaging
By using the Platform, you understand and agree that Robomart and those acting on its behalf may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the Platform, as well as marketing or other promotional messages. You will not be able to use the Platform without agreeing to receive operational text messages. You may opt-out of receiving marketing or other promotional text messages at any time by sending an email to contact@robomart.co indicating that you no longer wish to receive marketing or other promotional texts along with the phone number of the mobile device receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while Robomart processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from Robomart, do not place orders through the Platform. Your agreement to receive marketing texts is not a condition of any purchase or use of the Platform. If you change or deactivate the phone number you provided to Robomart, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
10.2. Push Notifications
When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
10.3. Email
Robomart may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. You will not be able to use the Platform without agreeing to receive operational emails regarding your order receipts, transaction charges, and any refunds.
10.4. Notice of Intellectual Property Infringement
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Robomart, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of your copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Statements can be sent via email to contact@robomart.co.
Please note that the above contact information is for intellectual property infringement notices only. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
11. Indemnity
You are responsible for your use of the Platform, and you agree to defend (at Robomart’s option), indemnify, and hold harmless Robomart and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between you and any third party, including any Merchant, or other third-party.