Factory Fresh Terms of Service


Thank you for using FactoryFresh! WE ADVISE YOU TO KINDLY READ THE TERMS AND CONDITIONS (“TERMS” ) CAREFULLY BEFORE USING OUR “WEBSITE” OR THE “SITE” (thefactoryfresh.com).
BY USING THE SITE, YOU AGREE AND ACCEPT TO BE BOUND BY OUR TERMS AND PRIVACY POLICY, MENTIONED HERE OR ON THE SITE. IN THE EVENT THAT YOU DO NOT AGREE TO THESE TERMS, KINDLY DO NOT USE THE SITE.
You may visit the SITE without signing up or registering your account. Nonetheless, you are required to become a member by registering your account to avail the services offered by the Site. You must be above 18 years of age to make use of the Site and its services by which you legitimately become a part of a binding contract. In a case where the SITE is used by you for the benefit of a lawful entity, you therefore speak to and warrant that you have the sovereignty to go into these TERMS for the benefit of the lawful entity and consent to be bound by the TERMS exclusively, notwithstanding when following up in the interest of the lawful entity.

• ACCOUNT REGISTRATION AND MEMBERSHIP


TO REGISTER AND BECOME A MEMBER OF FACTORY FRESH SITE:
A) Verify if we provide service in your area.
B) Submit your valid email address, name and create password
C) You agree to our terms of service and privacy policies.

Complete all the required fields including a valid email address, payment information and create a password to register your account. By registering on the SITE, you agree to provide all the legit and correct information on the SITE including but not limited to, payment details and delivery address which should be up to date and complete.
IT IS YOUR COMPLETE RESPSNSIBILTY FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS WAS WITH OR WITHOUT YOUR CONSENT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) CAUSED THROUGH SUCH ACCESS OR USE.
You are exclusively in charge of ensuring the security and privacy of your ACCOUNT CREDENTIALS and IDENTIFIACTION. You will promptly inform us of any unauthorized utilization of your account details or some other breach or potential breach of the SITE's security.
To opt out of your enrollment from this SITE, we advise you to contact (email) support@thefactoryfresh.com or (phone no) 551-253-9303 By submitting any such request, you allow us at least 24 hours to take necessary action.

• FACTORYFRESH COMMUNICATIONS


By creating a FactoryFresh account, you agree to accept and receive all the communications from FactoryFresh or its shoppers, including via email, in-app or on-site push notifications, chat box messages, text message, call to the cellular phone number that you have provided.
As a member, you consent to receive emails such as promotional emails or emails regarding your account activity, etc. including any third party offers. We may send you our newsletter time to time. Moreover, we may make use of cookies and other automatic means of gathering data about you, your use of the SITE or your device. By utilizing the Site you agree to the use of cookies and other automatic means for gathering as per our Privacy Policy.
If you do not wish to receive promotional emails, or other communications then contact us at By submitting any such request, you allow us at least 24 hours to take necessary action.
If you opt out of receiving your order related communications from FactoryFresh, it may affect your use of the SITE and the services and products offered through the SITE. It is up to us to determine if further service can be provided in case of you opting out of the order related communications.
You may also continue to receive any communication from FactoryFresh for a short period of time in a case where we de-activate your account.

• PAYMENTS


We accept Visa, MasterCard, American Express and Discover. You may be entitled to be charged local sales tax.Upon registering your account on this SITE and providing your payment information, you agree that we may store your payment information for your future convenience.
By placing an order on the SITE, you allow us to temporarily authorize your payment account for an amount which is usually 15% higher than your order value at checkout to accommodate any changes to the order. Your statement will reflect the final order total upon order completion. The hold will drop off and the final order confirmation will be sent to you after delivery of the order.
In a case where your payment method is declined, we shall attempt to process your charge until the transaction is approved. We, and our third party payment processors, may request and receive, updated credit card information from your bank or credit card issuer for an instance, updates to your credit card numbers or expiration date when your credit card has expired or changed. We may update your account information after receiving such updated information by us and our third party payment service providers to process your payments for your account in future. Your bank or credit card issuer may give you the right to opt out of providing vendors and third party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your bank or credit card issuer directly. We do not hold any responsibility towards any fees or charges that your bank or credit card issuer may apply. If a charge is reversed by your bank or credit card issuer, we may bill your account directly and seek payment through another method, including an online statement or a mailed statement.
The risk of loss and title for items purchased by you through using our services passes to you upon our delivery of the items to you or with your consent. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.

• CANCELLATION OF THE ORDER OR SERVICE


We reserve the right to cancel the order or a product in an order or our service, in our sole discretion. We also reserve the right to refuse the delivery of certain items. If in a case where we refuse to offer certain products or services after the order has been placed by you but before the delivery of the product or before or after providing the service, we may cancel the portion of your order related to that product or service and issue a credit to the method of payment, to your bank or credit card account in the amount of cancelled charge.

• TYPOGRAPHICAL ERRORS


If a product displayed on our SITE with an incorrect information such as incorrect price, product name or any such error due to typographical error or error in pricing and product information provided by our retailers or due to any other reason which is not stated here, we have the right to refuse or cancel any orders placed for such products in our sole discretion, even if your order has been confirmed and your bank or credit card issuer has processed the charge. In an event where your bank or credit card issuer has already issued a charge for the purchase and your order is cancelled, we will issue a credit to your method of payment i.e., your bank or credit card in the amount of cancelled charge.

• THIRD-PARTY PRODUCTS AND CONTENT


FactoryFresh does not hold any responsibility towards any content provided by third-party agencies such as products, services, websites, promotions, marketing, advertisements or any other information. You agree that any use or purchase of such third-party provided information by you will be your sole responsibility and it will be at your own risk. FactoryFresh will not be liable for any use or purchase of that information or service.
By using the FactoryFresh service, you may be granted permission to order and receive products, services and information from businesses or third-parties which are not owned or operated by FactoryFresh. The payment, purchase, guarantee, warranty, delivery, maintenance and all other matters concerning the products, information or services ordered or received from such businesses or third-parties are solely between you and them. FactoryFresh does not endorse, warrant or assume any responsibility or liability for such products, services and information including, but not limited to, the accuracy, truthfulness, completeness, usefulness of such information 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 FactoryFresh service.

• INTELLECTUAL PROPERTY RIGHTS


The Factory Fresh Platform, including any and all software, applications, algorithms, designs, user interface, web addresses, web pages, websites, social media/network accounts, profiles, and listings (hereinafter collectively referred to as the “Factory Fresh Technology”) are the proprietary and exclusive property of Factory Fresh.
FactoryFresh allows you a limited, non-exclusive, non-transferrable license to use the SITE and its services for your personal, non-commercial purpose subject to the TERMS and policies stated on the SITE. You do not have permission to access the content for commercial use. All the available content and services provided by FactoryFresh is property of its own and you do not have permission to copy, replicate, modify, sell, distribute, lease, republish, publicly display, publicly perform, sub-license the SITE or material available on it, reproduce any part of the services.
The SITE and its content such as, but not limited to, text, graphics, images, audio, digital downloads, data compilation or source code is owned by FactoryFresh or may be to its licensors if applicable, or other providers of such material ad are protected by United States and international intellectual property or proprietary rights laws. Access to the SITE is limited and you may not be able to use the data or may not be able to extract any kind of data or information from the SITE (By using web scraping or any other technique) at all including creating interruption to its services. You agree that you will not use any robot, spider, scraper or other automated or non-automated means to access FactoryFresh for any purpose without written permission from us. You may have access to download or use software provided by FactoryFresh for your personal use and this software may automatically update itself on your device. Some software or part of it may be owned by open source licenses where FactoryFresh will make such licenses available to you and, in the case of conflict between license and these TERMS, the open source license will control but only with respect to the software, or part of it, to which it applies.
In a case where you share content such as but not limited to text, images, audio, video, links etc. You retain all the rights to the content provided by you and are entitled for any responsibility towards it and FactoryFresh does not hold any responsibility towards it. By submitting the content, you allow FactoryFresh non-exclusive, transferable, worldwide, public display, store, public platform, reproduce, modify, distribute, royalty-free, create derivative work, reusable rights to any such content for the purpose of improving the services or commercial use without any further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these TERMS and your use of the SITE. FactoryFresh in its sole discretion, remove or take down any content or part of it that you have shared with FactoryFresh including violation of the TERMS of use or any other policies.
You cannot copy the SITE or modify, make use of any materials available on the SITE. Also, you may not delete or alter any copyright, trademark or other proprietary notices from copies of the materials from the SITE. Any unlawful purpose or any action that violates federal or state, international, local law or regulations; purpose of exploitation, harming or attempting to harm minors, asking for personally identifiable information or otherwise is strictly prohibited.
Transmission or acquiring of any marketing, advertising or any promotional material is unauthorized without written permission from FactoryFresh.
You may not engage in any type of conduct or action that confines or hinders one’s use or enjoyment of the SITE, or which as determined by us, may harm FactoryFresh or users of the SITE or expose them to liability.

• TERMINATION


FactoryFresh reserves the right to terminate your use of the SITE and the services at any time for any reason at our sole discretion without informing or providing any prior notice to you and similarly, you have right to terminate the use of the SITE anytime. You agree to close or delete your account by sending a written request to us for the purpose of termination. You agree to immediately remove all the links to our SITE if present upon such request from us. If you terminate your FactoryFresh Service for any reason, you will not be entitled to a refund of any fees. FactoryFresh reserves the right to collect fees and charges incurred before you cancel your FactoryFresh Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
In the event of termination, these TERMS shall remain in effect at all times after the termination by FactoryFresh.

• DISCLAIMER, REPRESENTATIONS AND WARRANTIES


ALL THE SERVICES AND PRODUCTS PROVIDED OR PROCESSED THROUGH FACTORYFRESH ARE ON “AS IS” AND “AS AVAILABLE” BASIS. TO THE HIGHEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FACTORYFRESH DISCLAIMS ALL THE WARRANTIES, REPRESANTATIONS, CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALONG WITH IT, FACTORYFRESH NEVER REPRESENTS, WARRANTS, OR PROVIDE ANY GUARANTEE TOWARDS THE SITE OR ANY OF THE SERVICES PROVIDED BY FACTORYFRESH, ALSO WITH RESPECT TO UNINTERUPTED OR ERROR FREE SERVICES AND THAT THE DEFECTS WILL BE RECTIFIED OR THAT THE SITE, THE SERVER WHICH KEEPS THE SITE ACTIVE, ARE FREE FROM BUGS, VIRUSES OR OTHER MALICOUS OR HARMFUL COMPONENTS. TO THE HIGHEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, FACTORYFRESH DOES NOT WARRANTS, REPRESENTS, PROVIDE CONDITIONS OR GUARANTEES REAGRDING QUALITY, CORRECTNESS, SUITABILITY, USEFULNESS, TIMELINESS, RELIABILITY, SAFETY OF THE MATERIALS, PRODUCTS OR THE SERVICES THROUGH FACTORYFRESH. YOU AGREE THAT ANY RISK ARISING FROM THE SERVICES PROVIDED BY FACTORYFRESH, SHOPPERS OR THIRD PARTY PROVIDERS, OR PRODUCTS ORDERED, PROCESSED THROUGH THE USE OF THE SRVICES FROM RETAILERS, REMAINS YOUR COMPLETE REPSONSIBILITY. TO THE HIGHEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT FACTORYFRESH IS NOT RESPONSIBLE FOR THE FITNESS OR, SERVICES OR CONDUCT OF ANY FACTORYFRESH PERSONAL SHOPPER OR THIRD PARTY PROVIDER HENCE NOT HOLDING THEM LIABLE FOR ANY CLAIM, DAMAGE, INJURY, LOSS, DATA EMERGING IN RELATION WITH THE IGNORANCE, OMMISIONS OR THE ACTS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR RETAIL PARTNERS.
IN CASE OF A DISPUTE WITH ONE OR MORE PERSONAL SHOPPERS OR THIRD PARTY SERVICE PROVIDERS OR REATIL PARTNERS, YOU ACCEPT AND AGREE TO RELEASE FACTORYFRESH EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, FROM CLAIMS OF EVERY KIND AND NATURE, KNOW AND UNKNOWN, DISCLOSED AND UNDISCLOSED, IN RELATION WITH SUCH DISPUTES.

• LIMITATION OF LIABILITY


FACTORYFRESH (INCLUDING ITS ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS) SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY, DAMAGE, PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFIT OR OTHER ECONOMIC ADVANTAGE) EVOLVING FROM YOUR ABILITY OR INABILITY TO USE THE SERVICES, ANY SERVICES FULFILLED BY FACTORYFRESH OR ITS SHOPPERS, THIRD PARTY PROVIDERS, OR ANY SERVICES OR PRODUCTS REQUESTED BY YOU OR PROVIDED TO YOU, EVEN IF FACTORYFRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGE, LOSS OR INJURY, INDUCED BY YOU OR RESULTING FROM ANY ACT BY YOU INCLUDING BUT NOT LIMITED TO, ANY DAMAGE, LOSS OR INJURY TO ANYONE SHALL NOT BE FACTORYFRESH’S LIABILITY. FACTORYFRESH’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXTEND THE AMOUNTS ACTUALLY PAID BY YOU TO FACTORYFRESH FOR PROVIDING ANY SERVICES, ANY SERVICES PROVIDED BY SHOPPERS, OR ANY PRODUCTS PROVIDED WITHIN 3 MONTH PERIOD IMMEDIATELY AFTER THE EVENT STATING ANY SUCH CLAIM.
FACTORYFRESH MAY INTRODUCE YOU TO SHOPPERS TO PROCESS YOUR ORDERS OR TO PROVIDE SERVICES TO YOU. FACTORYFRESH SHOULD BE EXPLICITLY RELEASED BY YOU FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES INCURRED BY OR IN A WAY RELATED TO THE SHOPPERS. IN AN EVENT OF ANY DISPUTES BETWEEN YOU AND ANY SHOPPERS, FACTORYFRESH WILL REMAIN OUT OF IT.

• INDEMNIFICATION


You agree to defend, indemnify and hold harmless FactoryFresh and insure FactoryFresh, and its officers, directors, employees, agents from any or all the damages, losses, claims, liabilities, expenses and other costs, including but not limited to attorneys’ and experts’ fees and expenses, as a result of violation (by Indemnified Party) of the TERMS stated on the SITE or any applicable law or regulation , whether or not mentioned herein or unauthorized use (breach of the TERMS including negligent or wrongful conduct) of the services by you or any other person using the account on this SITE or due to your violation of any rights of any third party, including shoppers or any other party who provides services arranged by FactoryFresh.

• DISPUTES RESOLUTION


The parties shall use their best efforts to settle any dispute, claim, or question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition before initiating a lawsuit or arbitration, to you before using the FactoryFresh services. You agree to get in contact with FactoryFresh first and attempt to resolve any dispute, claim, or question, or disagreement arising from using the SITE and FactoryFresh services. All disputes or claims arising in any way with relation to use of the SITE or the services provided by FactoryFresh, or any product or service ordered or purchased through FactoryFresh will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration fees shall be borne by the party or parties commencing proceedings. The place of arbitration shall be in the State of New Jersey, or such other location as the parties may agree. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

• SEVERABILITY


If any part of these TERMS is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of the TERMS, and the effect shall be confined to the part immediately involved in the controversy adjudged. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with the applicable law as it shall then appear.

• NO WAIVER


If FactoryFresh fails to observe or apply these TERMS to anyone, this does not waive its rights to do so in future corresponding to the TERMS stated on the SITE. These TERMS are subject to be modified or amended by FactoryFresh.

• GOVERNING LAW


These Terms shall be deemed to have been made in and shall be construed pursuant to the laws of the State of New Jersey.

• CHANGES TO THE TERMS


We reserve the right to make any changes to these TERMS at our sole discretion from time to time. In that case, we will update the TERMS with latest version of the TERMS on our SITE and if the update to the TERMS is material, we will likewise inform you of the new TERMS by email or by any other means provided by you at the time of registration of your account. As soon as the TERMS are updated or changed, the changes are effective immediately. Use of the SITE will be considered that you have acknowledged, agreed to and accepted the updated TERMS of use. If you do not consent to the updated TERMS stated, one should not continue the use of the SITE.
FactoryFresh is constantly improving or modifying its services by implementing and, introducing new features, services, making changes to the existing features at any time without any prior notice. If FactoryFresh asks for any feedback, report or comments about its services or if the information is provided by you, you grant right to access and use such information for any purpose without restrictions or in exchange of any fees to you or any other person.