All products/services are not liable nor are warranted by Fizzi , rather are under the terms/conditions of the vendor providing the products/services. Fizzi is merely the portal by which Customers are able to make contact with Vendors.
Fizzi may amend the Terms related to the Services from time to time. Amendments will be effective upon Fizzi posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Product/Service. Your continued access or use of the Product/Services after such posting constitutes your consent to be bound by the Terms, as amended.
Your access and use of the Product/Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Fizzi. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Fizzi may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Vendor.
User Requirements/ Your Account
You will need your own Fizzi account to obtain contact with all Vendors on the app, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fizzi does connect to Vendors who sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fizzi Services only with involvement of a parent or guardian. Alcohol listings on Fizzi are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Fizzi reserves the right to refuse service, terminate accounts, terminate your rights to use Fizzi Services, remove or edit content, or cancel orders in its sole discretion. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive products/services from Vendors unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Products/Services, and you may only use the Products/Services for lawful purposes . You will not, in your use of the Products/Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Vendor or any other party. In certain instances you may be asked to provide proof of identity to access or use the Products/Services, and you agree that you may be denied access to or use of the Product/Services if you refuse to provide proof of identity.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Fizzi certain personal information, such as your name, address, e-mail, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Fizzi’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Fizzi in writing, you may only possess one Account.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Fizzi in its sole discretion, whether or not such material may be protected by law. Fizzi may, but shall not be obligated to, review, monitor, or remove User Content, at Fizzi’s sole discretion and at any time and for any reason, without notice to you.
By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In the case of ordering alcohol, you warrant that you are of legal age and are not buying such products for anyone below the legal age.
Once you submit an Order and your payment has been authorized (preferred payment type), your Order will be transmitted to the vendor you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund. You are responsible to ensure that all of your vendor order details, billing, and other relevant personal information is current, complete, and accurate. Please note that any confirmation page that you may see on the app and any Order confirmation email that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the vendor. We encourage all our vendors to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by chat) as soon as reasonably practicable if a vendor rejects your Order. However, vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that neither the Fizzi Group nor the relevant vendor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
All Charges are due immediately and payment will be facilitated by Fizzi using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Fizzi may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. Otherwise any transactions will be suspended or declined until a proper payment method is applied.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided, Fizzi does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Fizzi in the Application, or in Fizzi’s marketing materials to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Fizzi provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
THE PRODUCTS/SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FIZZI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FIZZI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FIZZI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRODUCTS/SERVICES, AND ANY PRODUCT/SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
FIZZI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PRODUCTS/SERVICES, EVEN IF FIZZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIZZI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PRODUCT/SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PRODUCT/SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY VENDOR, EVEN IF FIZZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIZZI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FIZZI’S REASONABLE CONTROL.
You agree to indemnify and hold Fizzi and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Products/Services or services or goods obtained through your use of the Product/Services; (ii) your breach or violation of any of these Terms; (iii) Fizzi’s use of your User Content; or (iv) your violation of the rights of any vendor, including vendors.
The third party (Vendor) is responsible to provide products that match the provided description on the app within the time requested and approved upon agreement between the Customer and Vendor on the app. Any changes in product and or delivery/pick up time after the transaction has been approved on the app is at the discretion of the vendor and customer and is in no way related or represented by Fizzi. Fizzi is responsible only for the initial transaction payment between Vendor and Customer and is not responsible or representative of any Product/Service provided.
The Services provided by Fizzi shall and all rights therein shall remain Fizzi’s property or the property of Fizzi’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Fizzi’s company names, logos, product and service names, trademarks or services marks or those of Fizzi’s licensors.