Terms Applicable to Mobile Checkout Feature

These Additional Terms are applicable to your use of the Mobile Checkout Feature of the FreshQ App or the Mobile Checkout webpage (“Mobile Checkout Feature”).

1. Mobile Checkout Feature

The Mobile Checkout Feature enables customers to scan products at participating  stores with their mobile devices and use a mobile payment solution to pay for the purchase of those products. Any use of the Mobile Checkout Feature is subject to the following additional terms:

You agree to accurately scan all products before checkout when using the Mobile Checkout Feature, and to pay for all products you obtain from any store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), please consult with a store associate to make sure all items are reflected on your physical or electronic receipt.

You agree to verify your purchase by following the instructions within the FreshQ App. Where you are required to show and scan your digital receipt QR code, to a store associate, you will do so prior to leaving the store. Where verification at a “Mobile Checkout Verification Area” is required, you will scan your QR code receipt by the scanner and wait for the store associate to verify your purchase before leaving any store. You agree to not make a copy of the Mobile Checkout QR code receipt screen, either by screenshot or other methods.

You agree that any store associates may review the products in your possession and compare such products to your receipt or proof of purchase on your mobile or other electronic devices at any time and request that any products be re-scanned, and that any product or order price be re-calculated. In the event, you and any store associate calculate different totals for your purchase, the calculation confirmed by the store associate will be the amount payable by you.

You agree to fully cooperate with us and our store associates during your use of the Mobile Checkout Feature, including by providing any identification or verification required for the purchase of certain products.


2. Accessing and Using the Mobile Checkout Feature

FreshQ or the participating stores may alter, suspend, or terminate use of the Mobile Checkout Feature at any time at its discretion without notice to you. For certain large Mobile Checkout purchases, you may be asked to confirm your payment method and identity with a store associate located at the store counter by presenting the credit card used for the transaction and a government-issued photo identification. If you are unable or unwilling to do so, you must pay for your purchase using traditional check-out methods.


3. Acceptable Payment Methods

During the Mobile Checkout process, you may use as your payment method your stored credit card information, Apple Pay, Paypal, or other payment method as may be provided for in the Mobile Checkout Feature, subject to the applicable terms for that payment method. FreshQ or the participating store makes no guarantee that such payment methods will be available or accessible at participating stores.


4. Your Responsibility

You are responsible for the security of your mobile device and all purchases made using your device. Should the security of your mobile device be compromised, including in the event your mobile device capable of accessing the Mobile Checkout Feature is lost, stolen or compromised, FreshQ or the participating stores shall not be responsible for any purchases made by a third party using a lost, stolen, or compromised mobile device. FreshQ or the participating stores are under no obligation to refund or otherwise provide you with credit for any purchases made from a lost, stolen or compromised mobile device.


5. Limitations on Use; Termination

If you are unwilling and unable to scan Products you wish to purchase, or to comply with any of the requirements of these Terms and Conditions, you cannot use the App to complete your grocery purchase transaction and must use traditional in-store checkout;
Certain Products sold in-store are not available for purchase through the App, such as some seasonal items;
The purchase of age-restricted Products such as alcoholic beverages or tobacco products, where permitted, requires in-store age verification by providing the store associates with valid (non-expired, government issued) identification confirming identity and age, and must be completed by the store associates with entering a verification code on your mobile device before checking out;
The Product prices reflected in the App at the time of scanning are estimated prices only; your transaction is subject to verification following mobile checkout and your transaction total shown in your purchase confirmation at the time of mobile checkout may differ from the amount reflected in the final receipt posted to your account;
Your final receipt will be posted to your account and available through the App following verification; please allow up to 60 seconds for verification to be completed;
Any personalized discounts, savings, coupon redemptions, taxes, bottle/can deposits and redemption values, and bag fees (if any) will be calculated upon checkout and reflected in the receipt posted to your account;
The in-store self scanning and mobile checkout program enabled by the App may be changed, suspended or discontinued at any time without notice to you;
The App may be suspended or discontinued and/or removed from any App store at any time without notice;
We may suspend or terminate your access to and use of the App at any time, for any reason or no reason, without notice to you;
  • If your account is suspended or terminated, you may no longer participate in the in-store store scanning and mobile checkout program and may not create/use duplicate accounts for purposes of avoiding the suspension or termination.


6. Price or Order Total Errors and Resolution
 

• You agree to bring any prices or order total that you believe to be in error to the store associate before leaving the store location;

• You acknowledge that Product images displayed in the App may differ from the actual Products found in store;

• You agree to pay any difference immediately should any error resulting an underpayment be found during verification following mobile checkout;

• You agree to return to the store of purchase and present the digital purchase confirmation/receipt for your order in the event of any Product return.

 
 

7. Disclaimers
 

• We reserve the right to verify validity of payment card information at the time it is added to your account and at checkout including running a temporary pre-authorization charge that will not be completed and will be removed from your card in accordance with the terms of your issuing bank;

• We are not responsible for any inability to use the App or portions of it due to software failures, connectivity/device issues, expired payment card information, policies of your payment card processor or payment card rejections such as for insufficient funds or payment card processor errors;

• You are responsible for all carrier data or other charges that may apply to your use of the App, the store may provide WiFi but not guaranteed;

• Your use of the App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and payment card or third party payment provider;

• Use of the App may transmit data concerning your use of the App to us or to third parties such as your payment provider;

Questions or Concerns Regarding the App. If you have questions or concerns regarding the App or your use of it, please see the store associate.