Instazap Platform's Legal

Instazap is a business registered in Ireland, with offices based in Midland Business Hub, Dominick Street, Mullingar, Co. Westmeath. Our business registration number is 661525.Our VAT number is IE3690313FH. You may contact us at support@instazap.ie, by phone on +353 (01) 513 4166, or by using the instant messaging facility on our Application.

Our objective is to link you to the businesses we partner with (“Instazap Partner") and allow you to order items for delivery (our “Service”). Where you order from an Instazap partner, Instazap acts as an agent on behalf of that Instazap partner to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Instazap (“Instazap Delivery”) or our Instazap partner (“Instazap Partner”) depending on the Instazap partner you have selected. In some cases, the Instazap partner may be owned by or affiliated with us.

Instazap also facilitates the connection between individuals seeking to order food, beverage, home essential products and any other items ("Food/Groceries") from selected retail stores ("Customer[s]"), and individuals seeking to assist Customers by picking and delivering the Food or Groceries to and on behalf of Customers who have authorized the purchase of such Food or Groceries ("Zapper[s]") (such service provided by Zappers to be hereinafter referred to as "Personal Shopping Service"). The additional fee Customer may pay that is above the retail price of the Food/Groceries is for the purpose of engaging the Zapper to perform the Personal Shopping Service. Customer acknowledges and agrees that the Zapper acts as the agent of the Customer in carrying out the Personal Shopping Service, and that Instazap has no relationship with Customer other than to provide the communication platform between Zappers and Customers. Instazap does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Personal Shopping Service.

Since Instazap facilitates an ordering, retrieving and delivery Platform from your local stores throughout Ireland. Based on your geographic location our fulfilment engine will connect you to the closes store within your Post code and with a Personal Shopper. This is to ensure that your order reach your door in as little as 1 hour depending on delivery slots available. If you live outside the delivery areas, a message will appear on screen notifying you that ordering will not be possible. We do not accept orders from individuals to a post code in which we do not have at least one store supported by our platform ("Supported Store[s]"). Operating hours will vary depending on local trading conditions and the availability of our Supported Stores.

When you place an order through our platform& after order is been accepted, apush notification on your mobile devicewill be sent to you by us. The contract for the supply of any food, beverage, home essential products and any other items you order through us will be between you and the Supported Store and will only be formed when you have been contacted by us. Please ensure that you have given us a correct email address & telephone number as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our Zappers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Order. Instazap seeks to provide a quality Platform and will be the first contact in the event there is a problem with your order including in regards to food quality, unavailable product. You are legally entitled to receive the food, beverage, home essential products and other items that you have ordered. We do monitor the Zappers very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our quality of service. Please let us know if you have any comments relating to our Zappers or in respect of the order by emailing at support@instazap.delivery

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit/credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your contact telephone number (mobile and/or landline), email address and debit/credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Before you can place orders for Items using our Application, you need to open an Instazap account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

Each Instazap partneror supported stores on our app has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Instazap partneror supported stores on our app, each decide their own operating hours. That means that the availability of our Service, and the range of stores from which you can order, depends on the Instazap partneror supported stores in your area. If you try to order a delivery to a location outside the delivery area or operating hours of an Instazap partner, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Instazap cannot guarantee that any of the items sold by Partnered or Supported Stores are free of allergens. Partnered stores, Supported Stores and their suppliers are exclusively responsible for all information regarding the contents of products, including (but not limited to) food labelling information and information regarding allergens. It is your responsibility to reach out to the stores or review the allergen notice on each product.

Our aim is to facilitate the best and convenient delivery Platform between you and your Zapper. Unfortunately, things do not always go as planned, and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your order is delivered within your desired/agreed time. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Supported Stores and Zappers at that time. When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the order is expected to be delivered; you must be available to accept delivery for fifteen minutes before and fifteen minutes after that time.If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
The driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Instazap partner.

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Instazap operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the Zapper to provide proof that they are aged 18 or over. The Zapper may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. Zappers may also refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.In cases where we need to return alcohol products not due to our fault, we reserve the right to charge a return fee.
In some jurisdictions, Zappers are only allowed to purchase alcoholic products during certain hours of the day. Outside or close to outside those hours, Instazap reserves the right to prevent customers from being able to choose alcoholic products and same day delivery, or postpone the delivery (e.g. the next day) until those hours when alcoholic purchase is allowed.

You may cancel an order without charge at any time before the order is accepted & the notification has been sent to you confirming that. If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Instazap partner confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been dispatched you will also be charged for delivery. Instazap notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Instazap may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time on our discretionor if updated by the supported store. All individual item prices displayed in the app, are estimated and individual item prices displayed in all stores excluding partnered stores are inclusive of the InstazapZapper Support Platform fee (15%).We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Instazap or any Instazap partner make a delivery, we or the Instazap partner may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices ofItems and Delivery and applicable Service Fees and taxes.Payment is made directly to Instazap to cover the cost of the items purchased from the partnered & supported stores, as well as the Instazap service, processing and delivery fees.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Instazap. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Instazap acting as agent on behalf of the Instazap partner or supported stores. Payment may also be made by using vouchers or account credit. Use of these is subject to Instazap Voucher and Account Credit Terms.
We are authorised by Zappers and/or Instazap Partners to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Zappers and/or Instazap Partners. In some cases, you can alternatively make your payment in cash directly to theZappers and/or Instazap Partnersat the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.
All food, beverage, home essentials, groceries and other products sold through our platform are subject to availability. Listed prices on our platform are indicative and your total cart value is an estimated amount only. For each order, your payment card may be charged twice, the first on the estimated grocery value, the second on the delivery fee, the Instazap processing fee and any price difference that the Zapper may update at the final checkout if any. Item price may change due to difference between the item price listed on our platform and in-store price, and/or if a Substitute Product commands a higher or lower price. Your final order value will be confirmed to you when your Zapper completes payment for your order in store and upon delivery your debit/credit card will be charged with the final amount. Receipt for your order will be provided through “My Orders” section of the Instazap app. Payment is made directly to Instazap to cover the cost of the items purchased from the Stores, as well as the Instazap service, processing and delivery fees.
Instazap endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. Instazap shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.
By confirming your purchase, you authorize us to charge the additional amounts to you. If you select to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Where the actual price of any product is dependent on its weight ("Weighed Item"), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery.
All product prices are shown in Euro, and are inclusive of Irish Value Added Tax, if any, depending on the region specified by the Customer. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
We accept payment for orders by Visa and Mastercard
By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud and to enable us to arrange delivery of your order to your nominated delivery address.

To the extent permitted by law, Instazap provides our platform and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our platform, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Instazap nor any Supported Store shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our platform. In the event that Instazap or the Supported Store is found to be liable to you, our total aggregate liability is limited to the purchase price of the order you have paid for in your order. This does not include or limit in any way Instazap’s or any Supported Store's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: an act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

Neither you, Instzap nor the Instazap Partners or Supported Store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: an act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion.

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Google
This page uses the map service Google Maps via an API. The provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy retrievability of the places listed by us on the website. This represents a predominant legitimate interest on our part within the meaning of article 6 section 1 lit. f GDPR.
Please see the privacy policy of Google for more information on the handling of user data:https://policies.google.com/privacy

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
Instazap reserve the right, at our sole discretion, to update, change or replace any part of these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If you do not agree with any parts of the amended terms of use, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended terms of use constitutes acceptance of those terms of use.

The Irish courts will have jurisdiction over any claim arising from, or related to, any use of our Platforms. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
General Terms and Conditions for Pick’n’Drop Services of Instazap LTD
The following General Terms and Conditions as amended from time to time and are applicable for all Agreements named ”Pick’n’Drop Services Agreement” and executed by INSTAZAP LTD and a Partner to the Contract (Customer).
1.2. Customer is the contracting party to the Pick’n’Drop Services Agreement. They are the ones placing the order for the Pick’n’Drop Service and can be Consignor or Consignee of the parcel.
1.3. Authorized User is any third person that is affected by the Pick’n’Drop Services on behalf of Customer (ie the person who has not placed the order but is either the Consignor or the Consignee of the parcel).
1.4. These Terms and Conditions shall apply in addition to all other applicable tariffs, contracts of carriage, rules, regulations, rates, charges, policies, guidelines, disclaimers, terms or conditions of INSTAZAP LTD.
1.5. The acceptance and delivery regulations of shipments laid out in INSTAZAP LTD’s conditions of carriage shall remain unaffected by these Terms and Conditions.
1.6. The Pick’n’Drop Services Agreement consists of the corresponding offer and order confirmation as well as these Terms and Conditions;
If a customer decides to use the Pick’n’Drop services, he/she will accept these general terms and conditions at checkout when proceeding to the next step of the order process. Customer submits a binding offer for the conclusion of the Pick’n’Drop Services Agreement. After submission of the order to INSTAZAP LTD, Customer receives a notification. This order confirmation constitutes the acceptance of Customer’s offer by INSTAZAP LTD. 1.7. The Pick’n’Drop Services are provided on the basis of facility, equipment and technical availability. Customer or Authorized User acknowledges that availability of the Pick’n’Drop Services cannot be guaranteed at all times.
1.8. INSTAZAP LTD retains the right, among others, to enhance or modify the Pick’n’Drop Services or its software at its discretion at any time and from time to time.
2. Applicable Conditions of Use
2.1. Customer warrants that all information provided to INSTAZAP LTD by himself or any Authorized User via the Pick’n’Drop Services is:
true and correct; current and up to date; and acknowledges that INSTAZAP LTD is relying on this information to process the Customers shipment. Customer shall be liable to INSTAZAP LTD for any damages arising due to false or incorrect information entered via the Pick’n’Drop Services.
2.2. Other persons than Customer or Authorized User are prohibited from accessing or using the Pick’n’Drop Services. Each Customer agrees to be and shall be liable to INSTAZAP LTD for and hold INSTAZAP LTD harmless against any acts or omissions of such unregistered or unauthorised users as a result of their access to or use of the Pick’n’Drop Services and the entry of any false or incorrect information by or on behalf of the Customer.
2.3. If Customer or Authorized User has reason to believe that any unauthorized user has access to the Pick’n’Drop Services, Customer or Authorized User is obliged to notify INSTAZAP LTD immediately.
2.4 When using the Pick’n’Drop services you agree to and are aware that;
2.4.1. As the Consignor you have received the consent from the Consignee to provide INSTAZAP LTD with the personal information of Authorized User for the purpose of enabling the Pick’n’Drop Service;
2.4.2 As the Consignee you have received the consent from the Consignor to provide INSTAZAP LTD with the personal information of Authorized User for the purpose of enabling the Pick’n’Drop Service;
2.4.3. Authorized User must present an acceptable photo ID and all necessary documentation to INSTAZAP LTD on request;
2.4.4. Authorized User is responsible for safe loading of the parcel from the driver’s vehicle;
2.4.5. Authorized User must comply with INSTAZAP LTD’s local terminal procedures and safety policy requirements;
2.4.6. The parcel is no bigger than 25cmx25cmx25cm and no heavier than 15kg.
2.4.7. In respect of each of the obligations above, the Customer must make the Authorized User aware of the obligations.
2.5. In addition to conditions set out in 2.2 2.3 and 2.4 the following conditions shall apply:
2.5.1. INSTAZAP LTD processes personal data if this is necessary for the proper operation of the INSTAZAP Platfrom (https://instazap.delivery/). Further information can be found in the Privacy Policy, which can be found on https://instazap.delivery/.
2.5.2. Customer warrants that all information provided to INSTAZAP LTD via the Pick’n’Drop Services is:
true and correct; current and up to date; and acknowledges that INSTAZAP LTD is relying on this information to process the Customers shipment. Customer shall be liable to INSTAZAP LTD for any damages arising due to false or incorrect information entered via the Pick’n’Drop Services.
2.6. INSTAZAP LTD accepts no responsibility for releasing shipments based on information provided by Customer or Authorized User which does not comply with these terms.
3. Liability
3.1. The Pick’n’Drop Services are provided on an "as is" and "as available" basis and the use of the Pick’n’Drop Services is at Customer’s or Authorized User’s risk. INSTAZAP LTD makes no declarations or warranties, either expressed or implied, with respect to the availability and proper function of the Pick’n’Drop Services, or any service or information provided through the service offered via the Pick’n’Drop Services of INSTAZAP LTD.
3.2. To the extent not in conflict with mandatory statutory provisions INSTAZAP LTD shall not be liable for any claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) of Customer or Authorized User arising from the use of Pick’n’Drop Services or any delay due to improper function of the Pick’n’Drop Services, unless such damage arises from gross negligence or willful misconduct of INSTAZAP LTD. Nothing in this shall affect the liability for claims arising from injury to life, limb or health or the duties which are an essential prerequisite for the proper performance of General Terms and Conditions for Pick’n’Drop Services of INSTAZAP LTD.
3.3. In no event shall INSTAZAP LTD be liable for any indirect or consequential damage, including, without limitation, for loss of profit.
3.4. INSTAZAP LTD shall assume no liability whatsoever for any damages occurring when the parcel is in the custody of the Customer or Authorized User or any third parties outside of INSTAZAP LTD or for delays in the subsequent road carriage that result from the parcel not being made available for transport, build-up or loading at the premises of the Customer or Authorized User in time. The Customer or Authorized User indemnifies and holds harmless INSTAZAP LTD against all liabilities, damages and claims (including costs and expenses arising therefrom or incidental thereto) which may be incurred in this regard, including third party claims against INSTAZAP LTD.
4. Force Majeure
4.1. If a Party is unable to duly perform its obligations under this Agreement, or is unable to perform them in time or otherwise in accordance with this Agreement, for circumstances arising from force majeure including but not limited to: war, civil commotion, strike or lockout, natural disasters or fire, epidemics or quarantine, acts of government or similar, the Party concerned shall be released within the scope of such force majeure event from its obligation to comply with the contractual duty concerned. However, the affected Party shall be under an obligation to notify the respective other Party without undue delay.
5. Miscellaneous
5.1. These Terms and Conditions shall not affect the applicability of INSTAZAP LTD’s “General Terms and Conditions” or “Privacy Policy” on the date the Agreement is concluded shall apply.
5.2. The partner to the Contract may assign rights from this Contract only after prior written consent of INSTAZAP LTD. Customer shall only have the right to set-off with claims that are undisputed between the parties and/or recognized by court as legally binding.
5.3. In the event that any provision of this Agreement is not in compliance with applicable law, such provision shall be replaced by such other lawful contractual provision as most approximates the intent of the Parties as can be inferred from the invalid provision. This shall not affect the validity of the remaining provisions.
Instazap Terms Of Use For Website And Applications
1. Accessing Our Service Or Our Services
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service, including to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact +353 89 947 6816, straight away to let us know. We can deactivate your account at any time.
2. Acceptable Use
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
3. Interactive Features Of Our Site
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4. Content Standards
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the Ireland and in any country from which they are posted. Contributions must not:
contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trademark of any other person; be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. Suspension And Termination
Failure to comply with section 2 (Acceptable Use) and/or 4 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
6. Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
7. Reliance On Information Posted
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
8. Our Site And Our Service Change Regularly
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
9. Our Liability
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10. Information About You And Your Visits To Our Site And Use Of Our Service
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
11. Uploading Material To Our Site And Our Service
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
12. Links From Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Your Concerns
If you have any concerns about material which appears on our Service, please contact support@Instazap.ie
Instazap Ireland Zappers/Drivers Terms
1 THE INSTAZAP PLATFORM
1.1 Instazap is a technology company that provides a communications and logistics platform that enables consumers who seek personal shopping and/or delivery services from retailers in their area to be matched with individuals or third-party providers interested in providing those services (the “Instazap Platform”).
1.2 You are an independent provider of personal shopping and/or delivery services. As the Instazap platform is not available to children (persons under the age of 18), you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms of this Agreement. You are in lawful possession of all equipment, insurance, and licenses necessary to perform the shopping and/or delivery services contemplated by this Agreement in accordance with all applicable laws. You desire to enter into this Agreement for the purpose of using the Instazap Platform to obtain opportunities to perform personal shopping and delivery services on behalf of consumers.
2 SERVICES OF THE CONTRACTOR
2.1 From time to time, Instazap may notify you of an opportunity to perform personal shopping and/or delivery services through the Instazap Platform on behalf of consumers (a "Delivery Opportunity"). If you accept a Delivery Opportunity, you agree to use the Instazap Platform to retrieve the requested retail items from the store selected by the customer and deliver them in a safe and timely manner (the “Services”).
2.2 You acknowledge that, as a prerequisite to performing the Services, you will need to consent to background checks, and continued access to the Instazap Platform is contingent upon passing the background checks and otherwise complying with the terms of this Agreement (and any documents incorporated by reference). After receiving access to the Instazap Platform, Instazap may conduct additional background checks on you, in compliance with applicable law, through its background check provider. You will obtain username and password by signing up using Zapper App so that you can access the Instazap Platform to provide the Services. You agree that only you will use the username and password, as you are the sole authorized user.
2.3 You acknowledge that Instazap does not impose any minimum or maximum amount of Services that you are required to provide. Moreover, you are under no obligation to accept any particular Delivery Opportunity that is offered to you. If, however, you do accept a Delivery Opportunity, then you are contractually obligated to complete it.
2.4 To perform above services through the Instazap Platform on behalf of consumers Instazap may provide you with, not all but, some of the inevitable accessories & information such as Instazap branded T-shirt, identity card, bank debit card for payments of Delivery Opportunities, deliver bags, hot bags, access to the consumer information and access to the Instazap support communication tools. You acknowledge that you will use these and any other accessories and information only for performing Delivery Opportunities.
2.5 You agree that there is no minimum or maximum number of Delivery Opportunities that Instazap will make available to you.
2.6 If Instazap desires to engage you for any purposes other than or in addition to the Services, and if you agree to such an additional engagement, you and Instazap shall agree upon the specific terms and conditions. However, such terms and conditions shall govern that additional engagement only and shall not modify the terms and conditions governing the Services as set forth in this Agreement. Any disputes or claims related to the provision of such additional engagement shall be governed by the Arbitration Provision (including the opt-out option) in Section 8 of this Agreement.
3 RATES & PAYMENTS
3.1 Instazap agrees to pay you for the Services within maximum 15 days of performance. Instazap reserves the right to change the rates schedule at any time, and Instazap will provide you with notice of the changes in advance of your accepting a Delivery Opportunity through Instazap’s Zapper App.
3.2 For a Delivery Opportunity that involves both personal shopping and delivery, you will be provided a payment for each delivery, plus shopping premium payment (if applicable), and any other applicable incentive. Available payment rates will be provided to you depending on the area you are working in.
3.3 For a Delivery Opportunity that involves delivery only, you will be provided a payment for each delivery. Available payment rates will be provided to you depending on the area you are working in.
3.4 As a condition of receiving any payment, you agree to provide Instazap with your PPSN and the requisite authorisation for required background checks. You shall be responsible for all costs and expenses incurred or necessary in the performance of the Services, including but not limited to phone, parking, vehicle, insurance, and travel expenses.
4 TERMINATION OF AGREEMENT
4.1 You may terminate this Agreement at any time upon written (including email) notice to Instazap. Instazap may immediately terminate this Agreement, upon written (including email) notice to you in the event you engage in a material breach of the terms of this Agreement, including, but not limited to, any act that violates Instazap’s Guidelines which are hereby incorporated by reference, such as when you: A. Cause a safety issue;
Violate applicable local, provincial, or federal laws or applicable guidance; Fail to meet acceptable standards of service;
Repeatedly fail to deliver on time or repeatedly fail to deliver complete orders;
Fail your background checks after signing this Agreement;
Invade customer privacy;
Engage in or encourage fraudulent conduct; or
Invalidate this Agreement through an improper physical/digital signature.
4.2 Instazap reserves the right to modify the terms of the Full-Service Zapper Account Access Guidelines from time to time when Instazap determines, in its reasonable and good faith business judgment, it is necessary to do so to ensure the safe and reliable operation of the Instazap platform. Any such modifications shall be effective upon posting on the Instazap Platform, either through the Instazap website or in the Zapper App. Your continued use of the Instazap Platform or performance of Services after any such changes are posted shall constitute your consent to such modifications.
4.3 Notwithstanding anything to the contrary, Instazap may stop providing access to the Instazap Platform, services, or features to you or to users of the Instazap Platform generally when Instazap determines, in its reasonable and good faith business judgment, it is necessary to do so to ensure the safe and reliable operation of the Instazap platform. Additionally, the Parties agree that the contract terminates with no written notice required if either: you do not provide any Services under the Agreement within 45 consecutive days of executing it; or, after you have started to perform Services, you do not provide Services for 75 consecutive days. You understand that upon termination of the Agreement, there is no guarantee of a presentation of a new contract.
4.4 You acknowledge that upon termination you are liable to return all the Instazap accessories such as Instazap branded T-shirt, identity card, bank debit card & any other accessory to Instazap, and delete all the consumer & Instazap information such as consumer information and access to the Instazap support communication tools from your personal possession.
5 RELATIONSHIP OF THE PARTIES
5.1 You enter into this Agreement as an independent contractor with a business relationship between you and Instazap. It is understood that in agreeing to provide Services under this Agreement, the Contractor shall be acting and shall act at all times as an independent contractor, and not as an employee of Instazap for any purpose whatsoever, including without limitation, for purposes relating to taxes, payments required by statute, or any other withholdings or remittances to any governmental agency or authority. Under no circumstances shall you look to Instazap as your employer, partner, joint venturer, agent, or principal, nor shall this Agreement be construed to establish any such relationship. YOU SHALL NOT BE ENTITLED TO ANY EMPLOYEE BENEFITS ACCORDED TO INSTAZAP’S EMPLOYEES. FOR THE PURPOSES OF THIS AGREEMENT “EMPLOYEE BENEFITS” MEANS, WITHOUT LIMITATION, ANY EMPLOYEE BENEFIT, PENSION, PROFIT SHARING, SAVINGS, RETIREMENT, DEFERRED COMPENSATION, STOCK OPTION, PHANTOM STOCK, RESTRICTED STOCK, OR STOCK PURCHASE, INSURANCE, HEALTH, DENTAL, DISABILITY, EMPLOYEE WELFARE BENEFIT, SICK PAY, WORKERS’ COMPENSATION COVERAGE, BONUS, VACATION PAY, SEVERANCE PAY AND OTHER SIMILAR PLANS, PROGRAMS AND AGREEMENTS, WHETHER OR NOT REDUCED TO WRITING. You further acknowledge that this Agreement does not create any employer-employee relationship between a third-party retailer and yourself, and that you are not entitled to any benefits, including but not limited to Workers’ Compensation coverage, afforded to any employees of a third party retailer.
5.2 Instazap is interested only in the results to be achieved by you under this Agreement. You shall be responsible for determining the manner and method of performing all Services under this Agreement, and achieving the desired results, in a lawful and safe manner. Instazap shall have no right to control or supervise you in your performance of the Services under this Agreement.
5.3 ON A CONTINUING BASIS, YOU SHALL BE SOLELY RESPONSIBLE FOR, AND TO THE EXTENT REQUIRED BY LAW:
SECURING AND PAYING FOR WORKERS’ COMPENSATION INSURANCE;
SECURING AND PAYING DISABILITY INSURANCE, HEALTH INSURANCE, AND/OR OTHER SIMILAR INSURANCE;
SECURING AND PAYING EMPLOYMENT INSURANCE OR OTHER SIMILAR INSURANCE CONTRIBUTIONS, INCLUDING IRELAND PENSION PLAN;
SECURING AND PAYING ALL NECESSARY LIABILITY INSURANCE FOR YOU AND ANY PERSONNEL;
SECURING AND PAYING FOR AUTOMOBILE INSURANCE IN COVERAGE AMOUNTS
CONSISTENT WITH LEGAL REQUIREMENTS, INCLUDING ANY REQUIRED NO FAULT AUTOMOBILE INSURANCE OR
COMMERCIAL AUTOMOBILE INSURANCE; AND
THE PAYMENT AND REMITTANCE OF ALL PROVINCIAL AND FEDERAL TAXES AND
RELATED AMOUNTS, INCLUDING WITHOUT LIMITATION, GOODS AND SERVICES TAXES, HARMONIZED SALES TAXES,
INCOME TAXES, SOURCE DEDUCTION PAYMENTS, NONRESIDENT WITHHOLDING TAXES AND CONTRIBUTIONS.
YOU UNDERSTAND THAT INSTAZAP DOES NOT PROVIDE ANY INSURANCE LISTED ABOVE.YOU FURTHER UNDERSTAND THAT ITEMS LISTED IN THIS SECTION (FOR EXAMPLE, COMMERCIAL AUTOMOBILE INSURANCE) MAY BE REQUIRED IN YOUR JURISDICTION, AND YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE IF
ANY OF THE ABOVE IS REQUIRED. YOU AGREE TO ABIDE WITH ALL APPLICABLE LAWS,
STATUTES, AND REGULATIONS AS THEY RELATE TO THIS SECTION. Instazap shall not be liable for any penalties, levies, fines, and/or fees, which may be imposed if such taxes and/or other contributions are not paid by you. You further agree that you shall defend, indemnify, and hold Instazap and its affiliates, and their respective officers, directors, shareholders, employees, agents, successors and permitted assigns thereof harmless for any and all judgments, levies, fines, costs, penalties, assessments or fees associated with such required payments, or with respect to any demand or claim related in any way to any failure to declare, collect, remit, and/or pay on a timely basis all such taxes and related amounts.
5.4 You have no authority to make promises, agreements, or otherwise make commitments on Instazap's behalf.
5.5 You may represent, perform services for, or be employed by, any third persons or companies as you see fit.
5.6 Instazap does not guarantee the availability of the Instazap Platform. You understand that the Instazap Platform may be unavailable at any time and for any reason. The Instazap Platform may be subject to delays, and Instazap is not responsible for any delays, damages, or losses resulting from the delays.
6 CONTRACTOR'S REPRESENTATIONS AND INDEMNITIES
6.1 You represent that you have the qualifications, insurance, licenses, registrations, and skills to perform the Services in a competent, professional, and reliable manner.
6.2 You agree that you shall and do hereby indemnify, defend, and hold harmless Instazap, and Instazap’s officers, directors, shareholders, employees and agents, and its or their successors and assigns, from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable legal fees and costs, that any of the foregoing persons or any other persons may incur or suffer and that result from, or are related to: (a) the performance of the Services; (b) any breach or failure by you to perform or abide by any of the representations, warranties, and agreements set forth in this Agreement or incorporated by reference; (c) your violation of any law or the rights of a third party, including a customer, retail partner, or any individual associated with a retail partner, as a result of your own interaction with such third party; (d) any allegation that any materials that you use in carrying out the Services infringe or otherwise violate the copyright, trademark, trade secret, or other rights of any third party; (e) your ownership, use or operation of a motor vehicle or passenger vehicle, including during your provision of Services; and/or (f) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You agree that Instazap is not responsible for any loss, damage or depreciation that may occur to your equipment, including but not limited to your vehicle.
6.3 ON A CONTINUING BASIS, YOU SHALL BE RESPONSIBLE FOR:
MAINTAINING A VALID DRIVER’S LICENSE AND BEING MEDICALLY FIT TO OPERATE A MOTOR VEHICLE; MAINTAINING ANY OTHER REQUIRED LICENSES, REGISTRATIONS, INSURANCE, AND PERMITS USUAL OR NECESSARY FOR PERFORMING THE SERVICES; OWNING OR HAVING THE LEGAL RIGHT TO OPERATE THE VEHICLE YOU USE WHEN PROVIDING SUCH SERVICES; and DRIVING SAFELY AND NOT ENGAGING IN UNSAFE BEHAVIOR, INCLUDING BEING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WHILE DRIVING. You agree to provide, upon our request, proof of insurance coverage, valid licenses, valid vehicle registration, and your criminal or driving record, provided Instazap can request this information under applicable law.
6.4 You will be solely responsible for procuring all equipment, supplies, tools, and/or instrumentalities that are necessary to perform the Services and obligations under this Agreement. However, you may be provided with some of the inevitable accessories that are mentioned in section 2.4 and comply with the conditions. You agree that while providing Services using the Instazap Platform, you will maintain the latest version of the Zapper App. You agree that by downloading and using the Zapper App, you are bound by any future amendments and additions to information referenced in the Zapper App, and the ability to continue to use of the Zapper App is consideration for and consent to such changes.
6.5 You agree that you will perform the Services in a competent, professional, safe, and reliable manner, recognizing that the Services are personal to the customer, in order to maximize customer satisfaction and to achieve the results represented to the customer. You understand that the Services you provide to the customer create a direct business relationship between you and the customer. You also agree that repeated cancellation of your commitments to provide the Services results in abuse of the Instazap Platform, making it less reliable for customers. You agree to comply with any laws and regulations applicable to the performance of the Services. You further recognize and agree that customer satisfaction in the services provided by the customer are measured, and poor customer satisfaction is a reason to terminate the Agreement under Section 4, above.
6.6 You agree that the use of customer information (including but not limited to the identity, address, and contact information of customers) is governed by Instazap’s Privacy Policy for customers ( https://www.instazap.delivery/privacy). You agree that you have had the opportunity to review this policy through the link provided. You agree that you will not use customer information in any manner that is inconsistent with the Privacy Policy, and that failure to abide by provision constitutes a material breach of this agreement. In particular, you agree that you will not use the Zapper App to communicate with a customer except to the extent necessary to shop for and/or deliver the customer’s order, choose customer items at a retailer site, deliver those items, and/or provide updates on the status of a customer order. Moreover, you recognize and agree that customer information is Confidential Information governed by Section 7 of this agreement.
6.7 You agree to accept messages from Instazap via the Zapper App, SMS, text message, email, and/or by telephone call and agree that such communications do not violate any applicable laws. You consent to have Instazap call or text message you at the phone number you provide using an autodialer or a prerecorded or artificial voice to deliver a message in connection with your use of the Instazap Platform or for any other non-telemarketing purposes. In addition, you consent to have Instazap call or text message you through the Zapper App on the wireless telephone that you have elected to download and host the Shopper App using an autodialer or a pre-recorded or artificial voice to deliver a message for any non-telemarketing purposes. You agree that telephone calls between you and Instazap or its agent or partner may be recorded and that you hereby consent to any such recording. You agree not to use customer contact information for any purpose other than provision of the Services.
6.8 You agree that, if you accept a Delivery Opportunity that includes an alcohol purchase, you are solely responsible for ensuring compliance with all federal, provincial, and local laws and guidance, including but not limited to ensuring that the individual accepting the order has a valid identification, is at least the minimum legal drinking age, and is not visibly intoxicated.
6.9 You agree that, if you accept a Delivery Opportunity that includes an item that needs to maintain either a hot or cold temperature, you will ensure compliance with all federal, provincial, and local laws and guidance and deliver the item in a manner that ensures the health and safety of the customer. You further agree that you will lawfully acquire any equipment, including but not limited to insulated bags, needed to perform the Services.
7 NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
7.1 During the course of your relationship with Instazap, you may have access to and/or become acquainted with confidential, proprietary, and/or trade secret information of Instazap and/or its customers (collectively, “Confidential Information”), which is valuable to Instazap. Confidential Information includes any and all information relating in any manner to the business, including but not limited to aspects of its technology platform, which includes the Zapper App. Confidential Information further includes any and all information relating in any manner to the business of Instazap’s clients, as applicable, and its and their consultants, customers, clients, and business associates, which is not known generally to the public. Confidential Information also includes, but is not limited to, trade secrets, client or vendor lists, client information, customer lists, and customer information (including but not limited to the identity, address, and contact information of customers), contracts, agreements, accounting or financial information, pricing information, business plans and data, formulae, technical know-how, processes, methods, techniques, procedures, software, databases, marketing strategies and data, pending projects and proposals, programs, designs, drawings, diagrams, test data, research and other such information of a confidential nature regardless of whether furnished before or after the date of execution of this Agreement, whether oral or written, and regardless of the form of communication or the manner in which it is furnished and all analyses, compilations, data, studies, notes, interpretations, memoranda, extracts, or other documents prepared by Instazap containing or based in whole or in part on any such furnished information. You specifically agree that all Confidential Information shall be treated as confidential without regard to whether any specific item of information or material has been labeled "Confidential," "Secret," or "Trade Secret," or any similar designation. Confidential Information does not include, however, information that you can show by documentary evidence: (i) is or has become generally available to the public through no wrongful act of your own; or (ii) has been independently acquired or developed by you without violating any of your obligations under any agreement with Instazap, any agreement with a third party, or applicable law.
7.2 You: (i) will hold and maintain all Confidential Information in the strictest confidence; (ii) except as reasonably necessary to perform the Services or as authorized in writing by Instazap, will not at any time, whether during or subsequent to the term of this Agreement, in any fashion, form or manner, either directly or indirectly, use, divulge, disclose, or communicate any Confidential Information to any person, firm, corporation, or entity in any manner whatsoever; and (iii) shall require, and ensure that its directors, officers, employees, agents, and permitted subcontractors who may receive Confidential Information maintain the same in strict confidence and not use or disclose the information except as permitted under this Agreement. You further agree specifically that you will keep secret from any of Instazap’s competitors all Confidential Information learned, transmitted, or otherwise obtained by you, including but not limited to Confidential Information about Instazap and its operations. You acknowledge that further customer-specific compliance requirements may be applicable and enforceable against you. Except for the purpose of providing the Services, at no time will you turn over your username for or password to the Zapper App to any third party.
7.3 You agree that all drawings, memorandums, invoices, diaries, project books, notebooks, sketches, reports, promotional material, manuals, bank debit cards, identity card, bags, computer programs, computer files, and any other materials in any manner and in any medium affecting, recording, or relating to Instazap’s Confidential Information shall at all times be and remain Instazap’s sole property, and shall not be removed from Instazap’s premises under any circumstances whatsoever without Instazap’s prior written consent, except when (and only for the period) necessary to carry out the Services hereunder, and if removed shall be immediately returned to Instazap upon termination of this Agreement, and no copies shall be kept by you. You also agree not to use the above items and information other than performing services for Instazap. Upon Instazap's request, you will provide a truthful declaration to Instazap certifying that all Confidential Information and all copies thereof have been delivered to Instazap, and deleted from your computers, laptops, telephones, personal possession, or other electronic or recording device.
7.4 If you are required by applicable law or regulation or by legal process to disclose any Confidential Information, you will immediately notify Instazap in writing prior to making any such disclosure and assist Instazap in seeking a protective order or other appropriate remedy. You further agree that if Instazap is not successful in precluding the requesting legal body from reviewing the Confidential Information, you will furnish only that portion of the Confidential Information that is legally required and will exercise your best efforts to obtain reliable assurances that confidential treatment will be accorded the Confidential Information.
7.5 The restrictions placed upon you in this Section will survive the termination of this Agreement and continue in perpetuity. You agree that any breach of any term of this Section is a material breach of this Agreement.
8 MUTUAL AGREEMENT TO ARBITRATE DISPUTES ("ARBITRATION PROVISION")
8.1 (a) Intent to Arbitrate. The Parties agree to first attempt to resolve any disputes or claims amicably by providing 30 days written notice prior to filing any such dispute or claims. If the Parties are unable to reach a resolution amicably, and except as provided explicitly in Section 8.4 or as set forth in Section 8.8, the Parties hereby agree that, to the fullest extent permitted by law, ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND INSTAZAP, whether in contract, tort, or otherwise arising out of or in any way relating to this Agreement, the Services, or the relationship between the Parties, including but not limited to any disputes or claims regarding the formation (including any assertion of unconscionability or invalidity), existence, breach, termination, Services, scope, validity, enforceability, applicability, or interpretation of the relationship between the Parties or this Agreement, shall be exclusively resolved by final and binding arbitration.
The Parties anticipate that by entering into this Arbitration Provision, they will gain the benefits of
(a) speedy and less expensive dispute resolution procedure. This Arbitration Provision shall encompass all disputes and claims that Instazap may have against you, or that you may have against Instazap and/or any of its officers, directors, employees, owners, agents, representatives, benefit plans, sponsors, fiduciaries, agents, parents, subsidiaries, or affiliated entities arising out of or relating to this Agreement or the Services performed by you.
(b) Subject to the limitations set forth in Section 8.4, the Parties agree that the third party retailers at or in whose premises the Services under this Agreement may be performed, as well as any consumer reporting agency responsible for providing background check services of you, are intended third party beneficiaries of this Arbitration Provision. The Parties further agree that a dispute or claim also includes all those between you and a third party concerning the provision of any background check of you by a consumer reporting agency. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.
(c) For additional clarity, by signing this Agreement, the Parties hereby expressly waive, to the extent permitted by applicable law, their right to have any dispute or claim resolved by a court, unless specifically set out herein.
8.2 Waiver of Class Action Claims. By signing this Agreement, Instazap and you agree that each may bring and pursue claims against the other only in their individual capacities, and may not bring, pursue or act as a plaintiff, class representative, or class member in any purported class or collective proceeding or action other than on an individual basis except to the extent this provision is unenforceable as a matter of law. Notwithstanding any other provision in this Agreement, if the waiver set forth in this section is found to be unenforceable, the Parties agree that any class or collective action claims will be litigated in a court of competent jurisdiction and not as a class or collective arbitration.
8.3 (a) Waiver of Other Representative Proceedings and Jury Trial. By signing this Agreement, you and Instazap agree that, to the extent permitted by applicable law, any and all dispute resolution proceedings will be conducted only on an individual basis and not in a collective, consolidated, or on the basis of a joinder of proceedings. (b) If for any reason a dispute, claim, or controversy proceeds in a court rather than in arbitration, to the extent permitted by applicable law, the Parties hereby further waive any right to a jury trial and agree that any such court proceeding will also be conducted only on an individual basis and not in a class, representative, collective, consolidated, or on the basis of a joinder of proceedings.
8.4 Claims Not Covered. The only disputes or claims not covered by this Agreement are those that, as a matter of applicable law, the Parties cannot agree to arbitrate. Disputes or claims between Instazap and any third party beneficiaries are also not covered by the terms of this Arbitration Provision.
8.5 Arbitration Procedures and Location. By signing this Agreement, the Parties further agree that any arbitration shall be conducted and resolved before a sole arbitrator selected in accordance with the Simplified Rules of Irish Law.
8.6 Arbitration Costs, Lawyers’ Fees, and Costs. The arbitrator shall have the power to award and apportion the arbitration costs (including the arbitrator’s fees and expenses) in accordance with the Simplified Rules of Irish Law. Each party shall otherwise pay its own lawyers’ fees and costs.
8.7 Awards. The arbitrator is authorized to award any remedy or relief available under applicable law that the arbitrator deems just and equitable, including any remedy or relief that would have been available to the parties had the matter been heard in a court. The decision of the arbitrator shall be in writing and shall provide the reasons for the award unless the parties agree otherwise.
8.8 (a) Opt-Out for Arbitration Provision. You have 30 calendar days from the date that you signed this Agreement to opt-out of the Arbitration Provision. However, optingout of this Arbitration Provision does not affect any other part of this Agreement. If you opt-out of the Arbitration Provision, then neither you nor Instazap will be bound by the terms of this Arbitration Provision. Should you not opt-out in accordance with this section within the 30 day period, then this Arbitration Provision will become fully effective and binding as of the date the Agreement is executed by you.
(b) To opt-out, within 30 calendar days from the date that you sign this Agreement, you must notify Instazap in writing of your intent to opt out of the Arbitration Provision by providing your first and last name and a clear statement of your intent to opt out such as “I wish to opt out of the Arbitration Provision” or words to that effect. The written intent to opt out must be provided either by: (1) sending electronic mail to support@instazap.delivery; or (2) by sending a letter by a Post, or by any nationally recognized delivery service (e.g. UPS, Federal Express), or delivered by hand, to:
Instazap
C/O Legal Team
Midland Business Hub, Dominick Street, Mullingar
Co. Westmeath
(c) In order to be effective, the letter under option (2) must be dated and signed and the envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date you signed this Agreement. Your written intent to opt out of the Arbitration Provision, whether sent by (1) or (2), will be maintained by Instazap.
9 NOTICES
Except as explicitly provided in Section 8.8, any notices to Instazap shall be given by registered post and return receipt requested to:
Instazap
C/O Legal Team
Midland Business Hub, Dominick Street, Mullingar
Co. Westmeath
Such notice shall be deemed given five days after the date of mailing. Any notices to you shall be provided through the Zapper App or given via the email address you provided to Instazap, and such notice shall be deemed given immediately upon sending. Alternatively, Instazap may provide you notice by certified mail to the address provided by you to Instazap. In such case, notice shall be deemed given five days after the date of mailing.
10 SUCCESSORS AND ASSIGNS
This Agreement is intended to bind and inure to the benefit of and be enforceable by Instazap, you, and our respective heirs, successors and assigns, except that you may not assign your rights or delegate your duties or obligations hereunder (including, without limitation, pursuant to any subcontract) without the prior written consent of Instazap. This should not be construed as precluding you from hiring individuals to assist in the provision of Services.
11 SEVERABILITY
Except as explicitly set forth in Section 8.2 and 8.3, in the event that any provision of this Agreement is held to be illegal, invalid, void, null, or unenforceable, the remainder of the Agreement shall remain in full force and effect. The Parties further agree that any claims that are found not subject to arbitration under this Agreement, shall be stayed in a court of competent jurisdiction pending the outcome of the arbitration of any other asserted claims.
12 MODIFICATION AND WAIVER
12.1 The Agreement can only be revoked or modified in writing signed by both Parties that specifically states an intent to revoke or modify this Agreement. This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and, unless as permitted herein, shall not be modified, altered, changed, or amended in any respect, unless in writing and signed by both Parties. Before accepting any modifications, alterations, changes, or amendments, you shall have the right to discuss any proposed changes with Instazap and consider whether to continue your contractual relationship with Instazap. Unless otherwise stated in this Agreement, THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE INSTAZAP PLATFORM. No waiver by any Party to this Agreement of any provision hereof shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach of such provision, or a waiver of any other provision of this Agreement by any other.
12.2 Instazap also reserves the right to modify any information referenced in the hyperlinks included in this Agreement in its reasonable and good faith business judgment from time to time, and such modifications shall become effective upon posting. Continued use of the Instazap Platform or performance of Services after any such changes are posted shall constitute your consent to such changes. Unless material changes are made to the Arbitration Provision herein, you agree that modification of this Agreement and/or the hyperlinks included in this Agreement does not create a renewed opportunity to opt-out of arbitration (if applicable).
13 VOLUNTARY
By executing this Agreement, the Parties represent that they have been given the opportunity to fully review, comprehend, and negotiate the terms of this Agreement. The Parties understand the terms of this Agreement and freely and voluntarily sign this Agreement. If you have any questions about this Agreement, you may wish to seek legal advice and are free to do so.
14 GOVERNING LAW
The Irish courts will have jurisdiction over any claim arising from, or related to, any use of our Platforms. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
15 ENTIRE AGREEMENT
Except to the extent that you opt-out of the Arbitration Provision in this Agreement, this Agreement supersedes any and all other agreements between you and Instazap, whether oral or in writing, and contains all of the covenants and agreements between you and Instazap with respect to your Services. You and Instazap each acknowledge that no representations, inducements, promises, or agreements, originally or otherwise, have been made to either Party to the other, or by anyone acting on behalf of either Party, which are not embodied herein.
16 EFFECTIVE DATE
The Effective Date of this Agreement is the date upon which you register on our zapper app.
Instazap Voucher and Account Credit Terms
1. Introduction
Instazap makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us or by Instazap partners on our Site) and (ii) Account Credit (which is credit that may be applied to a customer’s in-app wallet at Instazap’sdiscretion). Vouchers and Account Credits both operate as credits applying to a customer’s Instazap account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the Instazap Service. These Credit Terms apply together with the Instazap Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.
You can “apply” a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in your Instazap Account. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.
2. Terms that apply to Vouchers only
Vouchers offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only at a particular Instazap partner or for a particular menu item. If conditions apply they will be stated when we offer the Voucher.
Some Vouchers are only available to new Instazap customers ("New Customer Vouchers"). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers as a new Instazap account and will be redeemed when the Customer places their first eligible order. Instazap reserves the right to refuse to apply and/or allow you to redeem a newcustomer Voucher if you are registering a new account using credit card details or a delivery name and address already on our system.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at specific Instazap partner or on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied.
Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.
Vouchers cannot be redeemed in conjunction with any other Instazap offer.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers.
3. Terms that apply to Vouchers and Account Credit
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Instazap is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.
Referral Program Terms
This Referral Programme is open to selected Instazap customers (‘you’/’user') aged 18 or over who have made at least 1 Instazap order.
We will notify you by email that you are eligible for the Referral Programme. The email will include a unique link. Simply share your unique link with a friend or relative (aged 18 or over) who does not live at the same address as you and who you think would benefit from the Instazap service (a “referral”). If anyone to whom you give a referral goes on to place an Instazap order using that unique link, we will apply to your account the amount of Instazap Voucher credit stated in the email we sent to you with the unique link. It may take up to seven days after your relative of friend places a referral order before the Voucher credit is applied to your account. Voucher credits received under the Referral Program can be redeemed at any Instazap partner and expire automatically within the period stated in the promotional materials or other associated Instazap materials.
Unique links may only be used for personal and non-commercial purposes. This means that you can share your unique link with your personal connections via your own social media accounts (eg your personal Facebook, Twitter or Instagram account) but not on sites where you are a contributor but not the account owner (eg Facebook business accounts or groups, Wikipedia, Google Reviews, coupon websites). Promoting your referral code via Search Engine Marketing (eg AdWords / Yahoo / Bing) is also not allowed. If we become aware that you have made your unique link available in any of these ways we may deactivate it without telling you. We will not be responsible for any losses you suffer if we deactivate your account for this reason.
We may discontinue the Referral Programme at any time. We will give advance notice of discontinuance on our Site. Voucher credit already applied to your account as a result of referrals will remain available for the period as stated in Clause 2 above, even if the Referral Programme is discontinued.
Referral credits are Vouchers and are therefore subject to the above Voucher Terms and Conditions.
You may receive Voucher credit for a maximum of 100 referrals. We reserve the right to change the maximum number of referrals for which Voucher credit is awarded at any time, though you will receive Voucher credit for any referral orders placed by your relatives or friends before the change.
The Promoter is Instazap with offices based in Deravarra, Delvin Road, Mullingar, CO. Westmeath, N91P7Y0
DISCLAIMERS
YOU AGREE THAT NEITHER INSTAZAP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY ZAPPER (DRIVER/ZAPPER) OR FOR ANY ZAPPER SERVICES. NEITHER INSTAZAP NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY ZAPPER IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE ZAPPERS, YOU HEREBY RELEASE INSTAZAP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION LEGAL FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSTAZAP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY WEBSITES LINKED TO THE INSTAZAP WEBSITE. INSTAZAP IS AN INDEPENDENT BUSINESS THAT IS NOT NECESSARILY AFFLIATED WITH, ENDORSED OR SPONSERED BY THE SUPPORTED BUSINESSES ON THEIR PLATFORM. INSTAZAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE INSTAZAP WEBSITE OR THE PLATFORM;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF INSTAZAP’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
INSTAZAP DOES NOT WARRANT THAT THE PLATFORM (WEBSITE & MOBILE APPLICATIONS) WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE PLATFORM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INSTAZAP SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. INSTAZAP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. INSTAZAP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PLATFORM, SOFTWARE, TEXT, GRAPHICS OR LINKS. INSTAZAP AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
INSTAZAP ZAPPERS DO NOT USE TEMPERATURE CONTROLLED VANS WHEN TRANSPORTING GROCERIES FROM STORE TO THE DELIVERY LOCATION, INSTEAD THEY USE INSULATED CARRIER BAGS TO EXTEND THE CHILL CHAIN BEYOND THAT OF A REGULAR CUSTOMER PURCHASING THE GOODS AND TRANSPORTING IT HOME THEMSELVES. ZAPPERS ARE ALSO TRAINED TO ENSURE FROZEN AND COOKED ITEMS ARE KEPT SEPARATE FROM CHILLED AND COOKED ITEMS TO REDUCE THE RISK OF CROSS-CONTAMINATION.
YOU AGREE THAT INSTAZAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH
(I) YOUR USE OF THE PLATFORM(S);
(II) THE LIABILITY OR FITNESS OF ANY ZAPPER OR ZAPPER SERVICES; OR
(III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SITE OR YOUR LINKS TO OTHER SITES FROM THIS SITE, EVEN IF INSTAZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT INSTAZAP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL INSTAZAP’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO INSTAZAP HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.