Terms & Conditions

Terms and Conditions

Agreement between user and mybodega.online

Welcome to mybodega.online. The mybodega.online website (the "Site") is comprised of various web pages operated by My Bodega Online LLC ("MyBodega"). mybodega.online is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of mybodega.online constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

mybodega.online is a E-commerce Site

Delivery Web/App to order from Small Groceries and Convenience Stores.

Privacy

Your use of mybodega.online is subject to MyBodega's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting mybodega.online or sending emails to MyBodega constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MyBodega is not responsible for third party access to your account that results from theft or misappropriation of your account. MyBodega and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

MyBodega does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use mybodega.online only with permission of a parent or guardian.

Links to third party sites/Third party services

mybodega.online may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MyBodega and MyBodega is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MyBodega is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyBodega of the site or any association with its operators.

Certain services made available via mybodega.online are delivered by third party sites and organizations. By using any product, service or functionality originating from the mybodega.online domain, you hereby acknowledge and consent that MyBodega may share such information and data with any third party with whom MyBodega has a contractual relationship to provide the requested product, service or functionality on behalf of mybodega.online users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use mybodega.online strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MyBodega that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MyBodega or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MyBodega content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MyBodega and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MyBodega or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your MyBodega account to third party accounts. By connecting your MyBodega account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by MyBodega from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MyBodega Content accessed through mybodega.online in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MyBodega, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MyBodega reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MyBodega in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY BODEGA ONLINE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME

MY BODEGA ONLINE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MY BODEGA ONLINE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY BODEGA ONLINE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MY BODEGA ONLINE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

MyBodega reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyBodega as a result of this agreement or use of the Site. MyBodega's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MyBodega's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MyBodega with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MyBodega with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyBodega with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MyBodega reserves the right, in its sole discretion, to change the Terms under which mybodega.online is offered. The most current version of the Terms will supersede all previous versions. MyBodega encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

MyBodega welcomes your questions or comments regarding the Terms:

My Bodega Online LLC
3842 9th Avenue
New York, New York 10034

Email Address:

Telephone number:(917) 818-1917

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the mybodega.online and My Bodega Online LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to My Bodega Online LLC include mybodega.online and MyBodega. The MyBodega website is a Delivery Web/App to order from Small Groceries and Convenience Stores site. By using the MyBodega website, you consent to the data practices described in this statement.

Collection of your Personal Information

MyBodega may collect personally identifiable information, such as your name. If you purchase MyBodega's products and services, we do not credit card numbers. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by MyBodega. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MyBodega website.

MyBodega encourages you to review the privacy statements of websites you choose to link to from MyBodega so that you can understand how those websites collect, use and share your information. MyBodega is not responsible for the privacy statements or other content on websites outside of the MyBodega website.

Use of your Personal Information

MyBodega collects and uses your personal information to operate its website(s) and deliver the services you have requested.

MyBodega may also use your personally identifiable information to inform you of other products or services available from MyBodega and its affiliates. MyBodega may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

MyBodega does not sell, rent or lease its customer lists to third parties.

MyBodega may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. MyBodega may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to MyBodega, and they are required to maintain the confidentiality of your information.

MyBodega may keep track of the websites and pages our users visit within MyBodega, in order to determine what MyBodega services are the most popular. This data is used to deliver customized content and advertising within MyBodega to customers whose behavior indicates that they are interested in a particular subject area.

MyBodega will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MyBodega or the site; (b) protect and defend the rights or property of MyBodega; and, (c) act under exigent circumstances to protect the personal safety of users of MyBodega, or the public.

Security of your Personal Information

MyBodega secures your personal information from unauthorized access, use or disclosure.

Children Under Thirteen

MyBodega does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from MyBodega by contacting us here: [email protected]

Changes to this Statement

MyBodega will occasionally update this Statement of Privacy to reflect company and customer feedback. MyBodega encourages you to periodically review this Statement to be informed of how MyBodega is protecting your information.

Contact Information

MyBodega welcomes your questions or comments regarding this Statement of Privacy. If you believe that MyBodega has not adhered to this Statement, please contact MyBodega at:

My Bodega Online LLC
3842 9th Avenue
New York, New York 10034

Email Address:

Telephone number: (917) 818-1917