Upercart Inc. Terms & Conditions

Effective Date: December 20, 2024

Welcome to Upercart Inc.! These Terms & Conditions ("Terms") govern your use of our online grocery delivery service for purchasing groceries in Jamaica for family and friends residing there. By accessing or using our website or services, you agree to be bound by these Terms. Please read them carefully before proceeding.  

1. Eligibility:

You must be at least 18 years old and able to enter into a binding contract to use our services. You can be located anywhere in the world, but your order recipients must reside in Jamaica.  

2. Orders and Deliveries:

You can place orders for groceries through our website or mobile app, specifying delivery to your family or friends in Jamaica. All orders are subject to availability and confirmation. We reserve the right to cancel or modify orders at any time. Delivery fees apply to all orders and may vary depending on the delivery location in Jamaica.  You are responsible for providing accurate and complete delivery information for your recipient in Jamaica. We aim to deliver groceries within the timeframe you select during checkout, but delays may occur due to unforeseen circumstances. Upon delivery, the recipient may be required to verify their identity through a valid government-issued ID.

3. Payment:

We accept major credit cards and debit cards for payment. All payments are processed securely through our trusted payment gateway. You are responsible for ensuring sufficient funds are available for your order. We reserve the right to cancel orders if payment is declined.

4. Refunds and Returns:

We offer refunds for damaged or expired items delivered. Please contact us within 24 hours of delivery to report any issues. We do not accept returns for non-refundable items, such as fresh produce or opened packages. For eligible refunds, we will issue the refund to your original payment method within 5 business days.

5. User Content:

You are responsible for any content you submit to our website or services, such as product reviews or comments. Your content must be lawful, non-offensive, and not infringe on the rights of others. We reserve the right to remove any content that violates these Terms or is otherwise deemed inappropriate.

6. Intellectual Property:

All content on our website and services, including trademarks, logos, and copyright, is the property of Upercart Inc. or its licensors. You may not use any of our intellectual property without our express written permission.

7. Disclaimer of Warranties:

Our website and services are provided "as is" and without any warranties, express or implied. We do not warrant that our website or services will be uninterrupted, error-free, or secure. We will not be liable for any damages arising from your use of our website or services.  

8. Limitation of Liability:

To the maximum extent permitted by law, our liability to you shall be limited to the amount you paid for your order. We shall not be liable for any indirect, incidental, consequential, or punitive damages, even if we were advised of the possibility of such damages.

9. Indemnification:

You agree to indemnify and hold harmless Upercart Inc., its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from or relating to your use of our website or services or your breach of these Terms.  

10. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of Delaware, USA.  

11. Dispute Resolution:

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and held in Orlando, Florida, USA.  

12. Loyalty & Referral Program

Upercart Inc. offers a Loyalty Program and a Referral Program to reward our customers for their continued support.

• 12.1 Loyalty Program:

  • Earning Points: Customers earn 1 loyalty point for every $1 spent on Upercart orders.
  • Point Value: 100 loyalty points equal $1 in store credit.
  • Point Redemption: Customers can convert loyalty points into store credit within their "Loyalty Points" section.
    • Minimum conversion amount: $10 worth of points.
    • Converted points are added to the customer's wallet.

• 12.2 Referral Program:

  • Referral Codes: Each customer receives a unique referral code upon account creation.
  • Refer-a-Friend: Customers can share their referral code with friends and family.
  • Referral Rewards:
    • Referred Friend: Receives a 5% discount on their first Upercart order upon registration using the referral code.
    • Referring Customer: Receives a $1.50 referral bonus automatically added to their wallet for each successful referral.

• 12.3 General Program Terms:

  • Eligibility: All active Upercart customers are eligible to participate in the Loyalty and Referral Programs.
  • Program Changes: Upercart reserves the right to modify, suspend, or terminate the Loyalty and Referral Programs at any time without prior notice.
  • Fraud: Upercart reserves the right to withhold or revoke rewards from any customer suspected of fraudulent activity.
  • Governing Law: The Loyalty and Referral Programs are governed by and construed in accordance with the laws of Delaware, USA.

13. Entire Agreement:

These Terms constitute the entire agreement between you and Upercart Inc. regarding your use of our website and services.

14. Amendments:

We reserve the right to amend these Terms at any time. We will post any changes on our website. You are advised to review these Terms periodically for any changes.

15. Contact Us:

If you have any questions about these Terms, please contact us at:

Upercart Inc. hello@upercart.com

2706 NW 29TH TER, LAUDERDALE LAKES, FL 33311-2037 United States

Thank you for choosing Upercart!