Last Updated: April 19, 2020
These Terms of Use govern your use of and access to the GRASFiN® Sites. By accessing or using the GRASFiN® Sites, or by otherwise accepting these Terms of Use, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the GRASFiN® Sites is unauthorised.
In these Terms of Use:
When we say “GRASFiN®”, we mean grasfin.com. and any subsidiaries and affiliates of GRASFiN® (including any that GRASFiN® may form or acquire in the future). We also refer to GRASFiN® as ‘we’, ‘us’ and ‘our’ – we hope these Terms of Use read better that way.
When we say “GRASFiN® Sites”, we mean www.grasfin.com, the grasfin.com apps, and all related services, content, functionality, and transactions offered by GRASFiN® on or through www.grasfin.com and the grasfin.com apps.
When we say “you” or “your” we mean users of the GRASFiN® Sites (like you!).
When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the GRASFiN® Sites (and any updates to those terms and policies).
IMPORTANT: BY USING THE GRASFiN® SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH GRASFiN® THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 15 AND 16.
While all of these Terms of Use contain important points, please note the warranty disclaimers and limitations on GRASFiN® liability explained in sections 11 and 12 in particular. As a continuously evolving shopping platform, we must disclaim or limit our liabilities relating to the GRASFiN® Sites and the products on the GRASFiN® Sites.
We’ll continue to update these Terms of Use over time – we explain that in section 17.
1. Account Registration
To make a purchase on GRASFiN®, you must register for an account here. You must be at least 18 years old to register for an account. You agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date. You agree to keep your GRASFiN® username and password confidential, and to access the GRASFiN® Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account. Please notify us immediately of any suspected unauthorised activity on your account by sending an email to privacy@grasfin.com.
2. Placing an Order on GRASFiN®
Shipping
Our partners ships worldwide. For more information about shipping and delivery, please see our Shipping & Delivery policy.
Orders and Pricing
Each product’s list price is what we believe to be a representative online price for such product, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis. While we always try to show you a representative price, we can’t guarantee that you won’t see lower prices at other websites. But GRASFiN® is striving to be an online price leader when you shop for a larger, more efficient cart of goods.
As you shop on the GRASFiN® Sites, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.
Taxes
Items sold on the GRASFiN® Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s).
Unless specifically indicated on the checkout page, GRASFiN® is the seller of items purchased on the GRASFiN® Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
If GRASFiN® is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Title and Risk of Loss
Title to the items purchased by you on the GRASFiN® Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by GRASFiN® or our Partners.
Returns and Refunds
Returns and refunds are available only as described in our Returns/Refund policy. While GRASFiN® will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders.
Payment Methods
By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made on the GRASFiN® sites.
Resale
We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from GRASFiN® with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, credit card, shipping address, person, household or order for any reason.
3. Accuracy, Completeness and Timeliness of Information on the GRASFiN® Sites
The GRASFiN® Sites contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don’t guarantee any aspect of any product information on the GRASFiN® Sites, including, without limitation, product images, descriptions and specifications. The information on the GRASFiN® Sites is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, miscategorized, or not helpful. (Although hopefully it isn’t!) Product information contained on the GRASFiN® Sites may differ from information contained on the actual product materials. Before you act on information you find on the GRASFiN® Sites, you must independently confirm any facts about the item(s) that are important to your decision.
If you purchase a product that is not as described, your sole remedy against GRASFiN® is to return it and/or request a refund in accordance with our Returns/Refund policy.
If you find an error or notice something that doesn’t look right on the GRASFiN® Sites, we would appreciate it if you let us know by contacting us at help@grasfin.com. Your feedback is a big part of what makes GRASFiN® better.
Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the GRASFiN® Sites, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The GRASFiN® Sites do not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.
4. Privacy
You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication. (Monitoring and recording calls and emails helps us get better at helping you!)
5. Use of Materials on the GRASFiN® Sites
All content on the GRASFiN® Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by GRASFiN®, other content providers (such as GRASFiN´s® retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the GRASFiN® Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the GRASFiN® Sites. GRASFiN®, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the GRASFiN® Sites, including all associated intellectual property rights. GRASFiN® neither warrants nor represents that your use of materials on the GRASFiN® Sites will not infringe rights of third parties.
You may access the GRASFiN® Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
Any other use of the material on the GRASFiN® Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the GRASFiN® Sites, or use of the GRASFiN® Sites for purposes competitive with GRASFiN®, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the GRASFiN® Sites as they may be updated from time to time.
6. Materials You Submit
You acknowledge that you are responsible for all materials you submit to GRASFiN® via the GRASFiN® Sites or other electronic communications (including through any part of the GRASFiN® Sites administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the GRASFiN® Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, if you submit any material to us, you grant GRASFiN® an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display these material throughout the world in any media. You further agree that GRASFiN® is free to use any ideas, concepts, feedback, and know-how you provide to GRASFiN®. You grant GRASFiN® the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.
You agree not to submit content that:
- infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights.
- is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party.
- is fraudulent, false, misleading, or deceptive.
- is defamatory, obscene, pornographic, vulgar, or offensive.
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group.
- has a commercial purpose.
- is intended to cause harm, damage, disable, or otherwise interfere with the GRASFiN® Sites or our partners.
- can be considered a third party’s private or confidential information.
7. Restrictions on Access and Use
When accessing and using the GRASFiN® Sites, you agree:
- You will not do any of these these (generally bad) things:
- Violate any law, rule, regulation, or these Terms of Use.
- Engage in conduct that is fraudulent or otherwise harmful to GRASFiN®, our partners, or any other user.
- Display to others, mirror, or frame the GRASFiN® Sites, or any component of the GRASFiN® Sites.
- Access the GRASFiN® Sites if we have prohibited you from such access.
- Circumvent any rules or terms set forth on the GRASFiN® Sites including those relating to any promotion, contest or program on the GRASFiN® Sites.
- You will not do any of these (sneaky and annoying) things:
- Access, tamper with, or use non-public areas of the GRASFiN® Sites, GRASFiN’s computer systems, or the technical delivery systems of GRASFiN® or GRASFiN’s providers.
- Probe, scan, or test the vulnerability of any GRASFiN® Sites or breach any security or authentication measures.
- Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the GRASFiN® Sites.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the GRASFiN® Sites.
- Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the GRASFiN® Sites.
- Collect any personally identifiable information from users of the GRASFiN® Sites or use any such information found on the GRASFiN® Sites.
- Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity.
- Use the GRASFiN® Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours.
- You will not use GRASFiN® Sites or GRASFiN’s name, logo, brand or identity to do any of these things:
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.
- Use any meta tags or other hidden text or metadata utilizing a GRASFiN® trademark, logo, URL, or product name without GRASFiN’s express written consent.
- And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the GRASFiN® Sites (such as by attempting to retrieve information from or about the GRASFiN® Sites) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the GRASFiN® Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a GRASFiN® Site’s robots.txt file, the more restrictive of the two shall apply.)
If you attempt to access, search, or otherwise use the GRASFiN® Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for GRASFiN® to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that GRASFiN® considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).
If you are accessing the GRASFiN® Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the GRASFiN® Sites as an employer or principal, you authorise your employee or agent to extend on your behalf the permanent consent and authorisation described above, and you acknowledge that your permanent consent and authorisation will bind all of your employees and agents.
8. Notice of Copyright Infringement
GRASFiN® has reserved the right, in its sole discretion, to terminate the accounts of users of the GRASFiN® Sites who infringe on copyrights of GRASFiN® or others. GRASFiN® has designated an agent to receive notices of claimed copyright infringement relating to the GRASFiN® Sites. If you believe that your copyright, or the copyright of a person on whose behalf you are authorised to act, has been infringed, you must send a written notice to GRASFiN® containing the following information:
- A physical or electronic signature of the owner of, or a person authorised to act on behalf of the owner of, an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorised to act on behalf of the owner of, an exclusive right that is allegedly infringed.
You must submit your written notice containing the above information to our Designated Agent by accessing the webform on this page.
9. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the GRASFiN® Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the GRASFiN® Sites.
10. DISCLAIMER OF WARRANTIES
This section 11 of these Terms of Use is important because GRASFiN® – as an e-commerce platform – disclaims certain warranties and liabilities. You understand this agreement means GRASFiN® will not assume responsibility for many items. We must do this as a company, but we’ll also try to help our shoppers wherever we can (without legal obligations).
We apologize for the all-caps shouting we’re about to do, but these parts are important.
(*takes deep breath*)
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
THE GRASFiN® SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRASFiN® SITES ARE PROVIDED SOLELY ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND THEREFORE YOUR USE OF THE GRASFiN® SITES IS AT YOUR RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
- THAT ACCESS TO THE GRASFiN® SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
- THAT THE GRASFiN® SITES WILL BE SECURE.
- THAT THE GRASFiN® SITES OR THE SERVERS THAT MAKE THE GRASFiN® SITES AVAILABLE WILL BE VIRUS-FREE.
- THAT COMMUNICATIONS SENT FROM THE GRASFiN® SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE GRASFiN® SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE GRASFiN® SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRASFiN® IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE GRASFiN® SITES.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
11. LIMITATION OF LIABILITY
This section 12 of these Terms of Use is also important because GRASFiN® limits many of its liabilities. We must limit our liabilities for many reasons, but mainly because its smart for us to do so as an e-commerce business that wants to provide our platform to you as efficiently as possible.
(*takes another deep breath *)
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GRASFiN®, GRASFiN’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:
- THE GRASFiN® SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE GRASFiN® SITES.
- ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US.
- ANY DELAY ON OR INABILITY TO USE THE GRASFiN® SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE GRASFiN® SITES.
- GRASFiN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE GRASFiN® SITES.
- OTHERWISE ARISING OUT OF YOUR USE OF THE GRASFiN® SITES.
IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GRASFiN®, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GRASFiN® NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE GRASFiN® SITES.
12. Indemnification
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless GRASFiN® and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the GRASFiN® Sites, any content you post or submit to the GRASFiN® Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. GRASFiN® reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with GRASFiN® if and as requested by GRASFiN® in the defense of such matter.