INTRODUCTION
This website is operated and maintained by DESTINATION BEES (the “Company”). The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company’s website and related services, you agree to be bound by these Terms of Use and any changes to it. You may download the content of the website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material. This Agreement applies to all visitors, users, and other parties who access the Services.
LINKS TO OTHER SITES
Clicking on certain links contained on the website may take you to other websites. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the content of them.
USER CONDUCT
You agree to use this website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or e-mail any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other users of the website. You agree that any content you provide to the website or other users is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. You understand that the Company does not monitor all of the website’s users or all the content that users provide to the website or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the website or to any of the website’s users. You agree not to hack into or intentionally upload any malicious computer code to the Company’s website, or intentionally transmit such things to other users.
ACCOUNT INFORMATION
To use the Services, you must create a DESTINATION BEES account (“Account”). You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Account creation/registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that DESTINATION BEES may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or DESTINATION BEES has reasonable grounds to suspect that such information is inaccurate or not current, DESTINATION BEES has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of any applicable jurisdiction.
PASSWORD
When you create an Account, you will be asked to provide a password. Because you will be responsible for all activities that generate from your Account, and you can only access your account upon the transmission of your password, you should always keep your password strictly confidential. We endeavor to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your User Content, or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify DESTINATION BEES of any unauthorized use or your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to DESTINATION BEES. DESTINATION BEES reserves the right to suspend your Account and/or require that you alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR DESTINATION BEES ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
PAYMENT TERMS AND CANCELLATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment, (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your payment method (e.g., online payment service or any other payment method made available by DESTINATION BEES) (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Account Settings” page. You agree to pay all fees and other charges incurred in connection with your Account. DESTINATION BEES will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, DESTINATION BEES reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.
CANCELLATION POLICY
If you choose to reserve a date for use of DESTINATION BEES services (without simultaneously ordering groceries), a $30.00 fee will be required to hold the date, which fee will be applied to the purchase price of groceries for that reserved date on the DESTINATION BEES website. Should you decide to cancel the reservation, the following terms apply:
Date Reservations Only
If the cancellation (of the date reservation) is made more than 72 hours before the scheduled delivery date, the $30.00 will be retained by DESTINATION BEES as a cancellation fee, and no credit will be provided.
Date and Grocery Reservations
If the cancellation (of the date and grocery reservation) is made more than 72 hours before the scheduled delivery date, the $30.00 will be retained by DESTINATION BEES as a cancellation fee, and a credit to the original method of payment will be processed for the remaining charged amount, which refund will be processed within 10-15 business days.
If the cancellation is made less than 72 hours before the scheduled delivery date, the $30.00 will be retained by DESTINATION BEES as a cancellation fee, and restocking fees may apply.
Please be aware of these terms when making a booking, as adherence to this policy is mandatory for all users of the Services. Failure to comply with the cancellation policy may result in additional penalties or restrictions as determined by DESTINATION BEES in its sole discretion.
MORE ON PAYMENTS AND SERVICES
All paid Services will be paid at the time of the order on DESTINATIONBEES.COM. All such Paid Services fees are payable in advance. Paid Services fees will be billed automatically to the Payment Method as designated by the user. You authorize DESTINATION BEES to charge your Payment Method for the appropriate Paid Services charges and fees and for any other purchases you elect to make via the Services, i.e., for additional items requested by email at support@destinationbees.com after the initial order is placed.
SCOPE OF SERVICES
The Company’s platform is primarily dedicated to facilitating the purchase, sale, and delivery and setup of groceries, and related vacation items such as laundry products, paper goods, household cleaning supplies, and similar products.
Exclusion of Alcohol Transactions: While we strive to cater to your everyday and vacation needs, please be aware that our services do not include transactions involving alcoholic beverages. Such products fall outside the scope of our offerings and will not be available for purchase or delivery through our platform.
Exclusion of Prescription Drug Products Transactions: In line with our focus on groceries and related vacation items, we do not facilitate the purchase, sale, or delivery of prescription drug products. These products are also outside the scope of our services.
By using our platform, you acknowledge and agree to these limitations, ensuring a smooth and hassle-free shopping experience with us. If you have any questions or require clarification regarding our product offerings, please feel free to contact our customer support team. THE WEBSITE AND ALL MATERIALS AND INFORMATION CONTAINED ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, DESTINATION BEES DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SERVICE PROVIDED AS-IS AND DESTINATION BEES
Warranty Disclaimers: DESTINATION BEES makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or that the services will be uninterrupted or error-free. DESTINATION BEES does not guarantee the quality, suitability, safety, or ability of third-party providers, or retailers. You agree that the entire risk arising out of your use of the services remains solely with you. The services, website, and software are subject to periodic changes, which may be made at any time and without notice to you.
No Guarantee: DESTINATION BEES does not guarantee that the services, website, and software will operate without errors or that the services, website, and software are free of computer viruses or other malware. You agree that DESTINATION BEES will not be responsible for any economic costs or loss relating to your use of the services, website, or software.
Third-Party Providers: You agree that neither DESTINATION BEES nor its subsidiaries, affiliates, retailers, licensors, or suppliers are responsible for the fitness or conduct of any third-party provider or for any services provided by any third-party provider. No liability for any claim, injury, or damage arising in connection with the acts or omissions of any third-party provider.
Dispute Resolution with Third Party Providers: If you have a dispute with one or more Third Party Providers, you agree to release DESTINATION BEES from any claims, demands and damages arising out of or in any way connected to such disputes.
Limitation of Liability: The disclaimers and exclusions under these terms will not apply to the extent prohibited by applicable law.
LIMITATION OF LIABILITY
DESTINATION BEES shall not be liable to you for any incidental, special, punitive, consequential, or indirect damages arising out of or in connection with the services or these terms.
DESTINATION BEES will not be liable for any indirect, special, punitive, incidental, exemplary, and/or consequential damages arising out of your use of the services.
The aggregate liability for all claims relating to the services shall not exceed the greater of $100 or the amounts paid by you to DESTINATION BEES during the past 12 months.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless DESTINATION BEES and its Indemnified Parties from any losses, claims, actions, costs, damages, penalties, fines, and expenses, including legal fees and expenses, arising out of your unauthorized use of the Services or breach of these Terms.
DISPUTES AND ARBITRATION:
Informal Dispute Resolution: You and DESTINATION BEES agree to first attempt to resolve any dispute amicably before initiating formal proceedings.
Mandatory Arbitration: If Informal Dispute Resolution fails, both parties hereby agree that any dispute or claim arising out of or in connection with this Agreement, shall be settled by binding arbitration administered by a recognized arbitration institution of mutual choice. The arbitration will take place in Brevard County, Florida, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Attorney’s Fees to the Prevailing Party: In the event of arbitration, the prevailing party shall be entitled to recover its attorney’s fees, costs, and any other expenses incurred in connection with the arbitration from the non-prevailing party.
Both parties acknowledge and agree that this clause provides for mandatory arbitration and the recovery of attorney’s fees and costs to the prevailing party. This means that in the event of a dispute, both parties waive their right to a jury trial and will pay the prevailing party’s attorney fees.
Jury Trial Waiver: You and DESTINATION BEES each waive the right to a trial by jury.
Class, Collective, Representative Action Waiver: Both parties agree to waive the right to bring or participate in any class, collective, or representative action or proceeding.
You agree to indemnify and hold harmless DESTINATION BEES and its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the website, its chat rooms, message boards, e-mail facilities, or any other use of the website by you, or your violation of any law or the rights of others.