The web site (together with any successor site(s) thereto and mobile version(s) thereof, the “Site“) from which you are accessing these Terms & Conditions (these “Terms“) are made available to you by HEB Grocery Company, LP and its brands and affiliates (collectively, “H-E-B“, “we“, “us” or “our“) and are subject to these Terms.
The Site is referred to herein as the (“Service“). Please read these Terms carefully before using the Service. Your use of (including any access to) the Service in any manner binds you to these Terms. These Terms are effective unless and until terminated by H-E-B. If you do not agree with any term or condition of these Terms, do not use the Service. By using the Service, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.
H-E-B reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By using the Service following any such changes, you agree to be bound by such revised Terms. You may reject such changes by ceasing all use of the Services. You should periodically visit this page to review the most current Terms; the “Last Updated” legend indicates when these Terms were last changed. In addition, we may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via third party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
Please note that certain products, services, promotions, or other H-E-B web sites, apps or other online offerings, may be governed by separate or additional policies, terms or conditions (e.g., Gift Cards or Floral Delivery), and you agree to comply with such policies, terms or conditions. In the event of any conflict between these Terms and any such policy, term or condition, in connection with such products, services, promotions or other web sites, apps or other online offerings, such policy, term or condition will govern with respect to those particular products, services, promotions, or other offerings.
2. Jurisdictional Issues. The Service is controlled and operated from the United States and is not intended to subject H-E-B to any non U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service”s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
3. H-E-B”s Intellectual Property Rights.
3.1. The Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, recipes, text, graphics, data, and images) is owned by H-E-B and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The H-E-B names and logos, and all related product and service names, design marks and slogans, are the trademarks or service marks of H-E-B. All other marks are the property of their respective companies. Nothing contained on the Service grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.
3.2. Subject to your compliance with these Terms, and solely for so long as you are permitted by H-E-B to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non commercial use. In addition, the App is licensed (and not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by H-E-B to use the App, we hereby permit you, on a limited, non exclusive, revocable, non transferable, non sublicensable basis, to install and use the App on a mobile device that you own or control. If you fail to comply with any provision of these Terms, you must immediately cease using the Service and remove (that is, uninstall and delete) the App from your mobile device.
4. Rules of Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Service. In connection with the Service, you shall not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Service.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without H-E-B”s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without H-E-B”s express prior written consent.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without H-E-B”s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site”s root directory, H-E-B grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. H-E-B reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
5. Your Account. You may need to register to use all or part of the Service. We may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password (including any related security questions and answers), and for restricting access to your computer or other device, and you are responsibility for all activities, including purchases, that occur in connection with your account or password. Your account may not transfer to other websites owned or operated by H-E-B, which may require you to create a separate account. You represent and warrant that any information you provide in connection with the Service is and will remain accurate, current, and complete, and that you will maintain and update such information as needed. By creating an account, you also agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account.
6. Submissions and Forums. Service users may make available certain materials, including but not limited to comments, photos, videos, recipes, or other user generated content (each, a “Submission“), through or in connection with the Service, including on the Service”s interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a “Forum“), or on third party social media platforms by using promotional hashtags designated by H-E-B. You agree to abide by the Rules of Conduct set forth in Section 4 above with regards to all Submissions. H-E-B has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
7. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty free, fully paid up, non exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including any ideas, concepts, know how, techniques or methodologies incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place H-E-B under any fiduciary or other obligation.
8. Third Party Materials. Parties other than H-E-B may operate stores or otherwise make available services, products and content on the Service. For example, H-E-B provides links to third party web sites and other resources for your convenience. Such third party stores, services, products, content, web sites and other resources, including Submissions of third parties, are referred to collectively herein as “Third Party Materials“. H-E-B neither controls nor endorses, nor is H-E-B responsible for, Third Party Materials, including their accuracy, integrity, quality, legality, usefulness and safety, and any intellectual property rights therein. Nothing in these Terms shall be deemed a representation or warranty by H-E-B with respect to any Third Party Materials. H-E-B has no obligation to monitor Third Party Materials, and may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. Third Party Materials are provided for your convenience, and their availability through the Service does not imply H-E-B”s endorsement of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
H-E-B DOES NOT ASSUME ANY RESPONSIBILITY FOR (1) ANY CONTENT OF, (2) ANY TECHNOLOGY IMPLEMENTED BY, OR (3) THE PRIVACY PRACTICES OF, ANY THIRD PARTY. YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK, AND IS SUBJECT TO ANY APPLICABLE THIRD PARTY TERMS, CONDITIONS AND POLICIES (SUCH AS TERMS AND PRIVACY POLICIES).
10. Product Information Disclaimer. While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended as a substitute for advice given by a physician, pharmacist, or other licensed health care professional. You should not use this information as self diagnosis or for treating a health problem or disease. Contact your health care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither H-E-B, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.
11. Pricing and Promotions.
11.1. General. The prices applicable to your order will be those in place at the time the order was created, not the time of delivery or pick-up. Product prices and promotions posted on the Service, or those sent to customers by personalized e mail or any other online or digital method, are good only for the dates indicated. Such offers, promotions and sweepstakes may not be available in physical H-E-B stores or on other sites or services. Likewise, offers, promotions and sweepstakes offered in physical H-E-B stores or on other sites or services may not be available through the Service. Certain services, products and/or programs may not be available at all locations. Prices at physical H-E-B stores or on other sites or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, H-E-B shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes and fees will be calculated on the day your order is delivered or available for pick-up.
11.2. Variable Weight Items. The per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice or receipt you receive at the time of delivery or pick-up.
11.3. Promotion Codes. Promotion codes are valid only on orders placed via the Service, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason. Any coupons applicable to your order will be applied at checkout automatically, subject to our Coupon Policy.
11.4.. Reservation of Rights. All product, service and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. H-E-B reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any coupon or other promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures. For example, Section 14 below contains additional terms applicable to purchases of alcoholic products.
12. Orders and Billing.
12.1. Maximum Order Value; Placing an Order. There is no minimum order value and a maximum order value of $600, which may change from time to time. You can place your order up to seven (7) days before your delivery or pick-up date. For same day service after 4 pm, orders must be received before 9 am. For next day service, orders must be placed before 9 pm the night before. Available delivery windows, pick-up days and associated delivery fees and promotions will be shown as you proceed through the ordering process. Your order will contain an invoice that will list all of the items you have received and were billed for, and you can always find a copy in the Your Account section of the Service. If something is missing from your order, please email or call us at Contact Us (or at Talk To Us for Central Market Holiday Hotline (“Holiday Hotline”) orders).
12.2. Modifying or Canceling an Order. You can modify or cancel an existing order (including adding or deleting items or changing the delivery or pick-up date) until forty-eight (48) hours prior to the delivery or pick-up time, unless your order has already been prepared for delivery or pick-up. Modifications or cancellations can be made via the order review page or by calling the store you ordered from or selected for pick-up. Note that if you modify an order the price will be changed to reflect any products or services you added or removed from your order and the prices applicable at the time of your modification. If you change the delivery or pick-up date, we may not be able to guarantee the availability of your desired items. If you cancel an order (that has not already been prepared for delivery or pick-up) less than forty-eight (48) hours prior to the delivery or pick-up time, you will be charged a cancellation fee of $7.50 and a restocking fee equal to 25% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).
12.3. Substitutions. Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable due to market conditions beyond our control. If you have enabled substitutions on your order, we may substitute an item that”s very similar to an unavailable item you ordered. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to making a substitution. If you”re not happy with the replacement, please email or call us at Contact Us (or at Talk To Us for Holiday Hotline orders).
12.4. Credit and Debit Cards; Billing. A credit or debit card will be required for all orders made through the Service. You authorize H-E-B to charge you for all products or services purchased by you through the Service, plus applicable taxes and fees, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you acknowledge that the applicable prices will be those in effect on the date the recurring order is fulfilled and agree that H-E-B may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel by logging into your H-E-B account and cancelling your subscription. H-E-B may change the price of any subscribed product or service at any time in its sole discretion. You represent that you have the legal right to use any payment method that you submit to H-E-B. We are unable to accept food stamps or third-party coupons at this time for purchases through the Service.
Your credit or debit card will be charged for your order on the day your order is delivered or picked-up. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, at the time your order is placed we request credit or debit card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your order. In addition, at the time your order is placed we will authorize your credit or debit card for an amount equal to 100% of the total of the non-perishable items in your order. If a credit or debit card authorization expires prior to the pick- up or delivery of your order, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit or debit card. We will attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us.
We may charge a fee of $4.99 per order should a payment made via credit or debit card be declined, but we will attempt to contact you and change the payment method first. If you fail to pay any fees or charges when due or if a redelivery fee, cancellation fee or restocking fee is imposed, we may charge such amount directly to the credit or debit card connected to your account and we may suspend or terminate your access to our delivery and/or pick-up service. You shall be responsible and liable for any fees, including attorneys” fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use our delivery and pick-up service is subject to limits established by us and/or by your credit or debit card issuer.
12.5. Reservation of Rights. All orders placed through the Service are subject to H-E-B”s acceptance. H-E-B may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify H-E-B”s acceptance of your order. H-E-B reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that H-E-B later cancels, H-E-B will issue you a refund. All orders, returns and refunds for products and services are subject to H-E-B’s Refund Policy. We reserve the right to limit your order or the quantity of a particular product that you may order.
13. Delivery Terms.
13.1. Requirements and Fees. You or an alternate receiver must be present during your selected delivery window. If not, your items will be left at the front door. We will not be liable for items after they are delivered. If we are unable to deliver an order for any reason, we will use reasonable efforts to contact you and reschedule delivery (a $7.50 redelivery fee applies) for the next day. If we are still unable to deliver the order to you for any reason, the order will be cancelled and you will be charged a cancellation fee of $7.50 plus a restocking fee equal to 25% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).
A delivery fee may be added to your order. Any such fee is not a gratuity for the individual who delivers or is otherwise involved with the delivery of your order and will not be given to any such individual as a gratuity. You are under no obligation to tip anyone involved with the delivery of your order. We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain time or date, as applicable. We will not be liable for delivering the goods outside of the requested delivery window.
13.2. Restrictions. Given the heavy weight of some of our products, we may have purchase limits on a variety of items on the Service. Also in the interest of safety, we do not deliver to walk ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. In the event of a broken elevator, we also do not ask delivery personnel to carry groceries more than 5 floors. We may limit or cancel deliveries when orders exceed these requirements. In an effort to meet the committed delivery time for all of our customers, delivery personnel cannot wait for an inspection of the items delivered.
13.3. Shipping Areas. We ship to all states in the United States (except Alaska, California and Hawaii) and to APO / FPO military addresses (which may be subject to additional restrictions). We reserve the right to cancel any orders in violation of applicable restrictions.
14. Purchase of Alcoholic Beverages.
By law, purchasers of alcoholic beverage must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age, and you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age at the time of pick-up to receive alcoholic beverages. Alcoholic beverages are pick-up only and not available for delivery by H-E-B. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion.
15. Additional Terms Applicable to Central Market Holiday Hotline.
Holiday Hotline orders are available for in-store pick-up only. Holiday Hotline is only available at select Central Market stores and during select holiday dates and times. Please contact us at Talk To Us or call your nearest Central Market store for more information.
16. Errors on the Service. H-E-B seeks to ensure that the information on the Service is accurate, current and complete. However, there may be instances when information about an H-E-B product or service contains inaccurate or incomplete information, such as information about the product pricing, availability or location in store. H-E-B does not warrant or guarantee that the information on the Service is error free, complete or current. H-E-B reserves the right to correct errors and/or to update the content or information on the Service at any time without notice or liability. H-E-B will be under no obligation to honor any erroneous price posted on the Service.
17. Consent to Email Communication/. When you create a user account using the Service or send an e mail to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e mail or by posting notices on the Service.
18. Pharmacy, Health, and Wellness Content. All content (including drug and interaction information, and recipes and health information) provided in the Pharmacy or Nutrition Services areas, or any other part of the Service, is for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug or health program is safe for you. Talk to your healthcare provider (doctor and/or pharmacist) before using any prescription or over the counter drugs. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a healthcare provider. In addition, before administering or using any prescription or over the counter drug or device, check the product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications. Consult your medical professional for guidance before changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under 18 years of age, pregnant, nursing or have health problems. Any nutritional information accompanying a recipe posted on the Service is approximate and will not apply if different ingredients and portions are used.
19. Mobile Payment Terms. H-E-B uses a third party service provider, currently Paydiant, Inc., to make available mobile payment functionality through the App for use at certain H-E-B stores. In addition to the other provisions of these Terms, the following terms and conditions apply to the use of such mobile payment functionality.
19.1. Account Registration. You must register with H-E-B and create an account (“Account”) in order to use the mobile payment functionality. The registration process will ask you for certain information including your name, address information (e.g., e mail address and billing address), mobile phone number, financial account information (e.g., payment card account numbers) and other personal information. You must also select a passcode and security questions and answers. The information you provide must be accurate and complete. You must also keep the information that you provide up to date. You are responsible for safeguarding your Account information (including your passcode and security questions and answers), and for all activity that occurs in connection with your Account, as set forth in Section 5 above.
19.2. Software. The mobile payment functionality requires the installation of the App on your mobile device. When you install the App, you will be asked to log in with the username and password you used to establish your Account. You must complete this and other processes in order to use the mobile payment functionality. You must install any and all App updates to continue to use the mobile payment functionality.
19.3. Compatible Mobile Devices and Third Party Carrier Fees. Your Account enables you to make payment card transactions from compatible terminals using a compatible mobile device (e.g., a device for which we have made available a compatible version of the App). Devices modified contrary to the manufacturer”s software or hardware guidelines, including disabling hardware or software controls — sometimes referred to as “jailbreaking” — are not compatible mobile devices. You acknowledge that the use of a modified device to use the mobile payment functionality is expressly prohibited, constitutes a violation of these Terms, and is grounds for termination of your Account. H-E-B does not warrant that the mobile payment functionality will be compatible with your particular mobile device. In addition, the mobile payment functionality requires an active Internet connection, and we are not responsible for providing such a connection to you. Your use of the mobile payment functionality may be subject to the terms of your agreements with your mobile device manufacturer and/or your carrier. We are not responsible for fees imposed under such agreements in connection with your use of the mobile payment functionality, and are not liable to you for fees incurred by you as a result of such agreements.
19.4. Functionality. The mobile payment functionality allows you to make payments, including card based payments initiated with cards bearing the trademarks of MasterCard International Inc., Visa Inc., American Express Company, Discover Bank and other major card networks determined by us (collectively, the “Networks”). The mobile payment functionality enables you to make payments at participating H-E-B stores. This means that we collect, analyze and relay information generated in connection with these transactions.
19.5. Accepted Cards. The mobile payment functionality works with most US issued credit, debit, pre paid, or gift cards with a Network logo. The mobile payment functionality currently does not accept HSA cards (Health Savings Account), even if they have a Network logo on them. We may remove or add cards that we accept at any time without prior notice. We will only process cards that receive an authorization from the applicable card issuer or Network.
19.6. Applicable Network Rules. The Networks are responsible for administering the bylaws and rules (“Network Rules”) that apply to their customer financial institutions and the use of payment cards that carry their brands. The Networks have historically reserved the right to amend their bylaws and rules. We may be required to change these Terms in connection with amendments to the Network Rules.
19.7. Account History. When a payment transaction is made using your Account, we will update your Account activity on the mobile payment functionality and provide you a transaction confirmation on your mobile device, each indicating the amount of the payment transaction. The applicable H-E-B store will also provide you with a confirmation of your payment transaction at the point of sale, which will serve as your receipt. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Account and your use of the mobile payment functionality, and (b) reconciling all transactional information that is associated with your Account. If you believe that there is an error or that unauthorized transaction activity is associated with your Account, you agree to contact us immediately.
19.8. Customer Service. You may contact H-E-B for customer service issues relating to your purchases of goods or services using your Account, including pricing, order fulfillment, order cancellation by you or H-E-B, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with H-E-B and/or its personnel, policies or processes. You may also contact H-E-B for customer service issues relating to your Account, payment, card processing, debiting or crediting. H-E-B Customer Service is available via email or telephone at Contact Us. You should contact your applicable card issuer or Network with questions regarding payment transactions made using your Account, including any error correction or dispute resolution requests.
19.9. Dormant Accounts. If your Account has no transaction activity for at least two (2) years, consecutively, we will automatically close your Account and disable your access to Service.
19.10. Disclosures and Notices. You agree that we can provide disclosures and notices required by law and other information about your Account to you electronically by posting it on the Service, or e mailing it to the e mail address listed in your Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices are considered received by you within 24 hours of the time it was posted to the Service or e mailed to you unless, in the case of e mail, we receive notice that the e mail was not delivered.
19.11. Security. We have implemented reasonable technical and organizational measures designed to secure your Account information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your Account information for improper purposes. You acknowledge that you provide your personal information at your own risk.
19.12. Representations and Warranties. You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) if you register for mobile payment functionality, you are eligible to register and use the mobile payment functionality and have the right, power, and ability to enter into and perform under these Terms; (c) the name identified by you when you registered is your name; (d) you will fulfill all of your obligations to each merchant and/or financial institution for which you submit a transaction, and, except as permitted otherwise by applicable law or your card issuer or Network, will resolve any consumer dispute or complaint directly with such merchant or financial institution; (e) you and all transactions initiated by you will comply with all federal, state and local laws, rules and regulations applicable to you, including any applicable tax laws and regulations; (f) you will not use the mobile payment functionality, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the mobile payment functionality.
19.13. Suspension or Termination. Without limiting Section 20 below, we may terminate or suspend your access to or use of the mobile payment functionality or Account, and/or close your Account, for any reason or no reason at any time, upon notice to you, including if you (a) have violated these Terms, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate or misleading information, or otherwise engage in fraudulent or illegal conduct. Upon any such termination or suspension, you must immediately stop using the mobile payment functionality, and we reserve the right to delete all of your Account information stored on our servers. We will not be liable to you for compensation, reimbursement or damages in connection with your use of the mobile payment functionality, or any such termination, suspension or deletion of information.
20. DISCLAIMER AND LIMITATION OF LIABILITY.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, H-E-B IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT H-E-B SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF H-E-B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF H-E-B (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF $100 OR THE PRICE YOU PAID FOR THE PRODUCT FOR WHICH THE CLAIM IS BASED ON. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
21. Indemnity. You agree to defend, indemnify and hold H-E-B and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys” fees and litigation expenses) relating to or arising from (a) your access to or use of the Service or any materials (including Third Party Materials), products or services available through the Service, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.
22. Applicable Law; Disputes. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and H-E-B. Any action or proceeding relating to or arising from these Terms or your use of the Service must be brought in the state or federal courts located in Bexar County, Texas, and you consent to the exclusive personal jurisdiction of such courts.
23. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Service infringes your copyright, you (or your agent) may send to H-E-B a written notice by mail, e mail or fax, requesting that H-E-B remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to H-E-B a counter notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter notices must be sent in writing to H-E-B”s DMCA agent as follows: by mail to DMCA Designated Agent, H- E-B Corporate Law, 646 South Flores, San Antonio, Texas 78204; by e mail to DMCA@HEB.com; or by fax to 210 938 7816. We suggest that you consult your legal advisor before filing a DMCA notice or counter- notice.
24. Termination. These Terms are effective until terminated by H-E-B. We may terminate or suspend your use of the Service at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease and you must remove (that is, uninstall and delete) the App from your mobile device, and H-E-B may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 3.1 and 4 25 shall survive any expiration or termination of these Terms.
25. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (kids.getnetwise.org) and OnGuard Online (onguardonline.gov). Please note that H-E-B does not endorse any of the products or services listed on such sites.
26. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
27. Gift Card. The H-E-B Gift Card (the “Gift Card”) is subject to the following terms and conditions. Gift Cards are non-refundable and can only be exchanged for cash if the balance is less than $2.50 and if redeemed in-person, unless otherwise required by applicable law. If your Gift Card is lost, stolen, damaged, destroyed or used without your permission, it will not be replaced and you will lose the remaining value on the Gift Card. SUBJECT TO APPLICABLE LAW, AFTER 12 MONTHS OF NON-USE, A SERVICE FEE OF $2.00 PER MONTH WILL BE DEDUCTED FROM THE CARD BALANCE UNTIL THE BALANCE IS FULLY DEPLETED. The service charge will not apply where prohibited by law. Any balance remaining after 36 months of non-use will be forwarded to the Texas Comptroller”s Office. The Gift Card is void if used for any illegal activity as defined by law. For inquiries about your card, call 1-800-533-2153.
28. Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor franchisee relationship between you and H-E-B. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and H-E-B relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and H-E-B relating to such subject matter. Notices to you (including notices of changes to these Terms ) may be made via posting to the Service or by e mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. H-E-B will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
29. Apple Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App or the content thereof. The license you have been granted herein is limited to a non transferable license to use the App on an Apple branded product that runs Apple”s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple”s App Store Terms of Service. Apple is not responsible for and has no obligation whatsoever to furnish any maintenance or other support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. It is not the intention of these Terms to limit H-E-B”s liability to you beyond what is permitted by applicable law. In the event of any third party claim that the App or your possession and use of the App infringes that third party”s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to H-E-B in accordance with the “Contact Us” section below. In addition, you must comply with the terms of any third party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple”s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
30. Contact Us. Please let us know if you have any questions about, or would like a copy of, our Terms. A copy will be provided to you free of charge. Simply email or call us at Contact Us.
Effective Date: January 18, 2016