HOPSCOTCH TERMS AND CONDITIONS OF SERVICE

Welcome to the hopscotchfetch.com website and our applications (each our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our Partner merchants supply any of their items (the "Items")) listed on our site to you, and on which we deliver these items to you. Please read these terms and conditions carefully before ordering any Items from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions please contact hello@hopscotchfetch.com before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

1. INFORMATION ABOUT US

hopscotchfetch.com is a website operated by Clermont Labs Inc. trading as Hopscotch Delivery ("we" or "us" or "Hopscotch"), incorporated and registered in Barbados, whose registered office is at Ashton House, Strathclyde, St. Michael, Barbados. Our Company registration number is 40176. Hopscotch is a business where the order is fulfilled by independent merchants (our "Partner Merchants,”--together “Merchants”) and, in most cases, delivered by us. In some cases, partner merchants may deliver their own items.

Partner merchants are merchants with which Hopscotch has a formal relationship. This relationship typically consists in listing their items on our website, accepting orders for items on their behalf, and collecting and delivering those items to customers.

2. PURPOSE

The purpose of our Service is to provide a simple and convenient service to you, linking you to the Merchants and listings of items of your choice and allowing you to order Items from them. Hopscotch markets Items on behalf of our Partner Merchants, concludes orders on their behalf and, in most cases, delivers the Items to you. In some cases, the Partner Merchant provides delivery.

3. SERVICE AVAILABILITY

Hopscotch offers an ordering and delivery service from Merchants throughout Barbados. Some merchants have a prescribed delivery area. If you live outside the delivery areas, we will notify you when you try to place your order that ordering will not be possible. Operating hours will vary depending on local trading conditions and the availability of our Partner Merchants. Please click on the relevant link to view the listings of items on our Service, and then submit your order to us.

4. ORDERS

4.1 Orders from Partner Merchants

When you place an order through our Service from a Partner Merchant, we will confirm with the chosen Partner Merchant that your requested item(s) is/are available for fulfilment. If it is, we will send you an email on behalf of the Partner Merchant, confirming that your order has been received and accepted by the Partner Merchant (the "Confirmation Message"). The contract for the supply of any item(s) you order through us will be between you and the Partner Merchant and will only be formed when you have been sent the Confirmation Message by us. Please ensure that you provide an accurate address, map location and mobile telephone number to ensure that your Item(s) arrive at the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Item(s) and the delivery fee. Hopscotch seeks to provide a quality service and will be the first contact in the event that there is a problem with your Item(s) regarding item quality. We do monitor our Partner Merchants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Merchants or in respect of the Item(s) by emailing, calling, or messaging us.

5. ITEMS

All Items are subject to availability.

Partner Merchants may offer an alternative for any Item it cannot provide you with. If so, we will contact you to determine which replacement items you would like instead.

In the case where a Partner Merchant is a restaurant, it may use nuts, for example, in the preparation of certain dishes. Please call the Restaurant prior to ordering if you have any food allergy. Hopscotch cannot guarantee that any of the dishes sold by the restaurant is free of allergens.

6. SALE OF ALCOHOL

Persons placing an order for alcohol from a Merchant must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. At its discretion, Hopscotch may ask any customer to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Hopscotch reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Hopscotch also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.

7. AVAILABILITY AND DELIVERY

Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan 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 Item(s) are delivered by the time we specify. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Merchant and your delivery driver at that time.

8. CANCELLATION

You have the right to cancel an order before the order becomes a Started Order.

A Started Order is one which the Partner Merchant has begun to fulfil.

You can only cancel an order by contacting Hopscotch. Any order you cancel after it becomes a Started Order will be charged to you. Hopscotch alone will determine whether an order is a Started Order.

Hopscotch or a Partner Merchant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Hopscotch or a Partner Merchant will usually be reimbursed using the same method you used to pay for your order.

9. PRICE AND PAYMENT

9.1 Price of Items from Partner Merchants

The price of any Items from Partner Merchants will be listed on our Service. Prices include Value Added Tax (VAT). Prices of items will vary among Merchants. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Message, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Items listed on our Service may be incorrectly priced. The relevant Partner Merchant will normally verify prices as part of the order process. By placing an order with a Partner Merchant, you agree to pay the listed cost of the order and any accompanying Hopscotch fees.

9.2 Payment

Payment for all Items can be made online before submitting the order, or in cash to your delivery driver. Payment is made directly to Hopscotch and Hopscotch passeson the payment to the Merchant, either subsequently or in advance. Payment of the price of any Items to us will discharge your obligations to pay such price to the Merchant.

  1. Subscription.

    Hopscotch subscription is a renewing subscription requiring recurring payments. This subscription grants you access to reduced fees on qualifying orders placed through the Services for eligible merchants. The benefits of subscription apply to orders that meet the qualifying criteria outlined when you sign up; such criteria may include, among others, a maximum distance and a minimum order total. Reduced Fees and other Hopscotch subscription benefits may be redeemed only at eligible merchants, as indicated through the Services. Hopscotch reserves the right to change whether a merchant is eligible for Hopscotch subscription at any time with or without notice. You may provide an optional gratuity. Depending on the conditions as stated when you sign up, other fees may apply. We reserve the right to add and modify fees as discussed in this Section.

    Hopscotch subscription is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up for Hopscotch subscription and providing Hopscotch with your payment account information, you agree that: (a) you will be charged your first Hopscotch subscription fee and any applicable taxes on the date you purchase your Hopscotch subscription; (b) you authorize Hopscotch and its service providers to store your payment method for the purpose of executing future Hopscotch subscription auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR Hopscotch subscription WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, Hopscotch WILL AUTOMATICALLY CHARGE THE THEN-CURRENT Hopscotch subscription FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Hopscotch subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.

    Cancellations: You can cancel your Hopscotch subscription at any time through the Services. Email hello@hopscotchfetch.com to request cancellation. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if renewal date is January 10, you must cancel by 11:59:59 pm AST on January 9).

    If you participated in a free trial or other promotional subscription period for Hopscotch subscription, you may cancel within the first 48 hours of your paid Hopscotch subscription and receive a full refund of your Hopscotch subscription fee (as applicable).

    For both monthly and annual subscribers, if you cancel your Hopscotch subscription within the first 48 hours and have not placed a Hopscotch subscription-eligible order during that period, Hopscotch may, in its sole discretion, refund your Hopscotch subscription fee.

    If you cancel your Hopscotch subscription at any other time, you will not receive a refund, but you can continue to enjoy the Reduced Fees and other Hopscotch subscription benefits through the end of your then-current subscription period.

    Updates and Changes: The Hopscotch subscription prices and features may change in the future. If Hopscotch changes the monthly or annual fee charged for a Hopscotch subscription, Hopscotch will notify you and provide you with the opportunity to change your subscription before your Hopscotch subscription is renewed for another subscription term. Your continued use of the Services after the change becomes effective will constitute your acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may cancel your Hopscotch subscription within the specified notice period. Any Hopscotch subscriptions will be subject to the terms and conditions in effect at the time you sign up or your subscription renews. Hopscotch may also make such changes with respect to current Hopscotch subscriptions. In that case, Hopscotch will provide you with notice via email of the changes and when those changes will take effect. If you disagree with the changes to your current Hopscotch subscription terms and conditions, you may cancel your Hopscotch subscription and receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which you cancel the subscription.

    No Transfer or Assignments & Cancellations by Hopscotch: Your Hopscotch subscription cannot be transferred or assigned. Third parties may not directly use your subscription to place orders, and you may not use your subscription to place orders on behalf of third parties. Hopscotch reserves the right to accept, refuse, suspend, or cancel your Hopscotch subscription at any time in its sole discretion. If Hopscotch cancels your Hopscotch subscription, you will receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which your subscription was cancelled, unless Hopscotch terminates your account or your Hopscotch subscription because it determines, in its sole discretion, that your actions or your use of the Services violates this Agreement or has harmed another User.

  2. Gift Cards.

    Gift Cards may be redeemable towards eligible orders placed on www.hopscotchfetch.com. Gift Cards are made available and provided by Clermont Labs, Inc. trading as Hopscotch Delivery. Gift Cards are not redeemable for cash except when required by applicable law. Gift cards are non-refundable, and valid only until their expiry date.

10. OUR LIABILITY

To the extent permitted by law, Hopscotch provides our Service 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 Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Hopscotch nor any Merchant 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 Service. In the event that Hopscotch or the Merchant is found to be liable to you our total aggregate liability is limited to the purchase price of the Items you have paid for in your order. This does not include or limit in any way Hopscotch's or any Merchant’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.

11. EVENTS OUTSIDE OUR CONTROL

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: act of God, governmental act, war, fire, flood, hurricane, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

12. WAIVER

Neither you, Hopscotch nor the Partner Merchant 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: act of God, governmental act, war, fire, flood, hurricane, explosion or civil commotion.

13. SEVERABILITY

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.

14. ENTIRE AGREEMENT

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.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Hopscotch may revise 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.

16. LAW AND JURISDICTION

The Barbadian courts will have jurisdiction over any claim arising from, or related to, any use of our Services. 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 Barbados.

HOPSCOTCH TERMS OF USE FOR WEBSITE AND APPLICATIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website hopscotchfetch.com (our "Site"), any application we make available via an app store or otherwise (whether as a guest or a registered user), or any third-party application we use to accept your orders (our "Service"). Please read these terms of use carefully before you start to use our Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not access our Site or use our Service.

1. INFORMATION ABOUT US

hopscotchfetch.com is a website operated by Clermont Labs Inc. trading as Hopscotch Delivery ("we", "us" or "Hopscotch"), incorporated and registered in Barbados, whose registered office is at Ashton House, Strathclyde, St. Michael, Barbados . Our Company registration number is 40176. Hopscotch is a business where the Items are supplied by independent merchants (our "Partner Merchants,”) and, in most cases, delivered by us. In some cases, partner merchants may deliver their own items.

Partner merchants are merchants with which Hopscotch has a formal relationship. This relationship typically consists in listing their items on our website, accepting orders for items on their behalf, and collecting and delivering those items to customers.

2. 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 of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentiality of your login details, if any, 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 hello@hopscotchfetch.com straight away to let us know. You are not to share your login details with any other person. We can deactivate your account at any time.

3. 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 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.

4. 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 as set out in section 6. 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.

5. 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 Barbados 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.

6. SUSPENSION AND TERMINATION

Failure to comply with section 3 (Acceptable Use) and/or 5 (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 (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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

14. JURISDICTION AND APPLICABLE LAW

The Barbadian courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. 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 Barbados.

15. VARIATIONS

We may revise 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.

16. YOUR CONCERNS

If you have any concerns about material which appears on our Service, please contact hello@hopscotchfetch.com

VOUCHER TERMS & CONDITIONS

  1. Some discounts, vouchers or codes apply to first orders for new customers of Hopscotch.
  2. A new customer is defined as someone who orders an Item through Hopscotch for the first time, whether as a registered user or a guest user.
  3. Only one discount, voucher or code can be redeemed per order and each discount, voucher or code can only be used once per person.
  4. All promotional validity dates are specified on the adverts, coupons or leaflets. Please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.
  5. Alcohol will only be supplied to those aged 18+.
  6. Any discounts, vouchers or codes cannot be used in conjunction with any other Hopscotch offer.
  7. Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
  8. All discounts, vouchers and codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.
  9. Discounts, vouchers or codes may be provided on a customer service basis and will be applied to the customer’s account in the form of credit which has to be used in one order.
  10. Any attempt to manipulate the system and use of discounts, vouchers or codes 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 use of that discount, voucher or code invalid and may potentially lead to that account being closed down.
  11. If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of the Hopscotch, or an item or merchant becomes unavailable, Hopscotch reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
  12. Hopscotch reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
  13. By redeeming the discount, voucher or code, customers agree to release Hopscotch from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any order.
  14. All items and merchants are subject to availability.
  15. Normal registration and Hopscotch delivery terms and conditions apply – please see these on this page for more information.
  16. Hopscotch will only use the personal details supplied in customer’s accounts and orders for the provision of its Service, administration, and/or delivery of an order and for no other purpose unless we have your consent. Hopscotch may disclose customers’ personal information to its contractors to assist in conducting the delivery of an order or in response to a customer query. For more information on how we store customer data, please see our data privacy policy.