Terms Of Use | My Click&Collect

My Click and Collect Platform

TERMS AND CONDITIONS

Background

These terms and conditions (Terms) detail the agreement between you and The Courier App Pty Ltd ACN 640 444 015 (we, us or our) governing your use of the My Click and Collect app and platform (My Click and Collect Platform) which we provide (including hosting and maintaining) to facilitate the provision of point to point delivery services of Retail Goods between Customers and drivers requested by you via the My Click and Collect Platform.

In these Terms, when we refer to you, your or yours, we mean (as applicable):

the person or entity registered with us as a Customer; or
the individual accessing or using our mobile application, ‘My Click and Collect’ (the My Click and Collect Platform).

These Terms apply when you access or use the My Click and Collect Platform to place or view.

The My Click and Collect Platform is available at www.myclickandcollect.com.au and via other channels or addresses including our mobile application, ‘My Click and Collect’.

Our privacy policy website terms of use posted on the My Click and Collect Platform and any program or service specific rules we implement from time to time are incorporated into these Terms.

1. Acceptance

You accept these Terms and found at www.myclickandcollect.com.au/termsofuse by registering on the My Click and Collect Platform or using the My Click and Collect Platform or the services.

You must be 18 years old to use the My Click and Collect Platform.

We may change these Terms at any time, by providing written notice to you on the My Click and Collect Platform. By continuing to use the My Click and Collect Platform after the date of notice, you agree to the amended Terms from the date of notice on the My Click and Collect Platform.

If you access or download our mobile application from:

the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or
the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

2. My Click and Collect Platform Summary

The My Click and Collect Platform is an online marketplace where Customers can advertise the delivery service of Retail Goods they would like to receive by uploading a receipt of those Retail Goods, and where drivers can offer to provide delivery services of those Retail Goods from Retailers.

We provide the My Click and Collect Platform to users (including hosting and maintaining the My Click and Collect Platform), facilitate the supply of delivery services of Retail Goods between Customers and drivers and process payments between Customers and drivers (together the Services).

A Customer may post an accurate and complete copy of a receipt or proof of purchase of the Retail Goods of the delivery services they require and select a pick up and delivery time (e.g. Express (1 hr), 2 hr, 4 hr, same day or next day etc) through the My Click and Collect Platform (Job Listing). The Job Listing should contain the pick up and delivery times and location of the Retailer of the Retail Goods as well as any relevant instructions for the delivery.

Goods which are not Retail Goods cannot be delivered via the My Click and Collect Platform. For the avoidance of doubt, those goods which cannot be delivered via the My Click and Collect Platform may include any illegal items, toxic materials, medication or drugs, and Customers may not list any such items in their Job Listing.

Drivers performing the Services can browse Job Listings from Customers through our 'Courier App’ network based on their location. Further information on the Courier App platform can be found at https://www.thecourierapp.com.au/courier-ap-terms-of-use.

The first driver to accept a Job Listing will secure the job which then becomes a Job.

You agree that we only make available the My Click and Collect Platform and the Services within Australia. Although we screen our drivers to the best of our ability, and at all times maintain reasonable monitoring practices in respect of both our drivers and the deliveries they make, we cannot always promise that your experience with your driver will be without issue. To the extent permissible under the Competition and Consumer Act 2010 (Cth), we disclaim any liability to the extent permissible arising from any damage, loss or injury caused to you by your driver.

Delivery process

Customers will receive a notification from the My Click and Collect Platform when a Job is created. If the Customer is not at the delivery location to accept delivery, the driver should place the goods in a safe location, take a photo of the delivered Retail Goods, and upload the photo to the My Click and Collect Platform to complete the Job.

Customers must independently purchase the Retail Goods, and arrange for the Retail Goods to be dismantled, disassembled, and ready to be picked up from outside the pick up location. Similarly, when drivers deliver the Retail Goods, they are required to deliver them to outside the delivery location, and are not responsible for assembling or taking the goods inside.

The My Click and Collect Platform may use location-based functionality to display the location of drivers while completing a Job.

If a driver has an accident or for any reason cannot complete a Job, the Listing Fees will be returned to the Customer in accordance with the ‘Payment’ clause.

3. Accounts

Create a My Click and Collect Account

You must register on the My Click and Collect Platform and create an account (Account) to access the My Click and Collect Platform’s features.

You may only have 1 Account on the My Click and Collect Platform as a Customer.

Information required to create an Account

You must provide basic information when registering for an Account including your business name (if applicable), contact name and email address and you must choose a password.

We, through our third-party provider (Stripe) may keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. If we do, we will not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

Account obligations

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

We may make access to and use of certain parts of the My Click and Collect Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services and threshold of reviews.

4. Communication

We may contact you via the My Click and Collect Platform using in-Account notifications, or via off-My Click and Collect Platform communication channels, such as email.

5. Payment

It is free to register an Account on the My Click and Collect Platform, for Customers to create Job Listings, or for other users to review content on the My Click and Collect Platform, including Job Listings.

Customers may wish to purchase protection in the My Click and Collect Platform for loss or damage to Retail Goods, up to the value of $300. The price of this protection is set out on the My Click and Collect Platform. In the event of loss or damage to the Retail Goods, drivers will be charged for claims up to $300.

In consideration for providing the My Click and Collect Platform, we will charge the service fees (including any third party payment processing fees) as set out on the My Click and Collect Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable and will be deducted as a percentage of the Listing Fees, as set out on the My Click and Collect Platform.

As a Customer, you agree to pay the relevant fees set out in your Job Listing which include the delivery services fee and our Service Fee (Listing Fees). The Listing Fees may include a fixed pick up fee and a fee calculated based on the requested pick up and delivery time and distance (km). These Listing Fees will be made available to you on the Job Listing via the My Click and Collect Platform and may change from time to time without notice. Additional fees may apply to heavier or bulkier items.

Upon receipt of the Listing Fees from the Customer, we will hold the Listing Fees on behalf of the driver until such time as they are paid to the driver, refunded to the Customer (if the Customer is entitled to a refund in accordance with these Terms) and/or paid to us as our Service Fee. Upon a completed Job, we will pay the Listing Fees on behalf of the Customer to the Courier App and the driver. If a Job is not completed and we are satisfied that the Listing Fees should be returned to the Customer, we will return the Listing Fees to the Customer.

We use third party payment processors (Stripe) to bill you through a payment account linked to your My Click and Collect account. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to these Terms. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify us of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.We may from time to time issue promotional discount codes for the My Click and Collect Platform. To claim a discount as a Customer, you must enter the promotional discount code at the time of submitting your Job Listing through the My Click and Collect Platform. The conditions of use relating to promotional discount codes will be specified on the My Click and Collect Platform at the time they are issued.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your Account to cover the payment.

6. Refunds and Cancellation Policy

If a Customer cancels a Job Listing prior to the commencement of a Job, we will return the Listing Fees to that Customer and will not deduct our entire Service Fee, but we will deduct any payment processing fee. If a Customer cancels a Job, subject to our sole discretion, we will not return the Listing Fees to the Customer and the Listing Fees will be paid to the driver, after our deduction of our Service Fee. If a driver cancels a Job, and we are satisfied that the Listing Fees should be returned to the Customer, we will return the Listing Fees to the Customer and will not deduct our entire Service Fee, but we will deduct any payment processing fee.

Refunds may take 48 hours to appear in the Customer’s nominated bank account.

For disputes between Customers and drivers, the Parties should notify us of any disputes using the email address at the end of these Terms, and we will make a determination as to how the dispute should be resolved. We will endeavour to respond to any notifications within 24 hours.

7. Reviews

Customers may review their experience with the driver on the My Click and Collect Platform (Review).

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a driver if you have had an experience with that driver, which means that (1) you have engaged the driver through the My Click and Collect Platform; or (2) you can otherwise document your interaction with the driver in relation to the My Click and Collect Platform, including via correspondence.

You may only write about your own customer experience. You are not permitted to write a Review about somebody else’s customer experience, such as that of a family member or friend.

8. Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our My Click and Collect Platform; and/or (2) access and view User Content and the content and information we make available on the My Click and Collect Platform (The My Click and Collect Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our My Click and Collect and all of the Content. Your use of our My Click and Collect and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our My Click and Collect Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, or sell any Content to any third party; or (3) breach any Intellectual Property Rights connected with our My Click and Collect Platform.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our My Click and Collect Platform on your personal device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use in any manner the User Content to provide the My Click and Collect Platform and promote the My Click and Collect Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our My Click and Collect Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our My Click and Collect Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the My Click and Collect Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our My Click and Collect Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

9. Warranties

You represent, warrant and agree that:

you will not use our My Click and Collect Platform, including the Content, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
you accept full responsibility for any loss or damage suffered to any perishable goods which you request delivery of through the My Click and Collect Platform;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the My Click and Collect Platform (including as to whether the My Click and Collect Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
you will be responsible for the use of any part of the My Click and Collect Platform, and you must ensure that no person uses any part of the My Click and Collect Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the My Click and Collect;
you will comply with any policies or rules we may prescribe to the My Click and Collect Platform from time to time;
the pick and delivery you request at the time of making the Job Listing is an estimation only and in no way guarantees the Retail Goods be delivered in that time, and will depend on driver availability, traffic, vehicle breakdowns, unexpected waiting times and any relevant regulatory procedures or requirements in respect of Retail Goods such as alcohol or cigarettes;
If ordering alcohol, cigarettes or other products (‘Restricted Products’) we deem to be restricted from time to time:

you must be the person receiving the Restricted Products at the nominated delivery destination;
you must be able to provide and let us take an image of your proof of age ID that is valid for at least 12 months until expiry;
you must provide your signature as requested at time of delivery;
you expressly warrant that any alcohol can never be left unattended in a space accessible to the general public;
you acknowledge that if you are, or are believed to be, intoxicated; if you are unable to provide a valid government ID upon request; if, at time of delivery, the person who placed the order for the Restricted Goods is not present to collect the Restricted Goods; or if we suspect the Restricted Goods are being purchased for a minor or anything that contravenes the relevant responsible service of alcohol laws in any state or territory, the Restricted Goods will be returned to the store, without delivery to you, and no refund in respect of the delivery will be provided.

10. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the My Click and Collect by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the My Click and Collect provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the My Click and Collect) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the services provided by a Driver may also confer on you certain rights and guarantees under the ACL from the Driver.This clause will survive the termination or expiry of these Terms.

11. Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

your acts or omissions;
any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;
any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the My Click and Collect Platform may be contingent on, or impacted by;
the Services being unavailable, or any delay in us providing the Services to you, due to updates with the My Click and Collect Platform or any event outside our reasonable control, any other unforeseen circumstances or Force Majure event;
any missing Retail Goods in respect of Job upon delivery;
any event outside of our reasonable control in general or which may result in delay or non-delivery of the Retail Goods;
non-delivery of any Retail Goods for a Customer’s failure to adhere to these Terms or the Rules; and/or
any damage or change to perishable Retail Goods of which you request delivery services as a result of delay of delivery or environmental exposure of any kind,

This clause will survive the termination or expiry of these Terms.

12. Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your Personnel); and
Except for our obligations to pay any amount to you under these Terms, and to the extent permitted by applicable law, including the ACL, our maximum aggregate liability for Liability suffered or incurred by you arising from or in connection with your use of the My Click and Collect Platform or in relation to the provision of Services to you will be limited to the lesser of the value of the Retail Goods in respect of the Job or one thousand ($1,000) Australian dollars.

This clause will survive the termination or expiry of these Terms.

13. Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you materially breach any provision of these Terms
you breach any of these Terms and that breach has not been remedied within 10 business days (of being notified by us;
there is any reason outside our control which has the effect of compromising our ability to provide the Services;
you breach a Prohibition outlined in clause 14; or
you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

are unable to pay our debts as they fall due; or
materially breach any provision of these Terms, and that breach has not been remedied within 10 business days of being notified by you.

Upon expiry or termination of these Terms:

we will immediately cease providing the Services to you;
you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
where you are a Customer, we will cancel any existing Job and you will lose any Listing Fees and other amounts paid other than where termination is due to our Termination for Convenience;
where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination; and
we will remove your access to the My Click and Collect Platform

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

14. Prohibitions

You must not request, engage or facilitate Services or use the My Click and Collect Platform in any way that involves or relates to:

any unlawful, illegal or fraudulent activities, including those relating to weapons, drugs, or alcohol;
any Retail Goods or items that require a permit, licence, endorsement or permission to transport (including dangerous or hazardous goods) and where you do not hold such permit, licence, endorsement or permission;
any other potentially hazardous, dangerous or harmful Retail Goods or activities;
any animals or livestock (other than ‘assistance animals’)
anything that is unsafe, misleading, deceptive, unethical, or immoral that might affect our good public repute;
any deliveries, requests or comments that troll, are fake, inappropriate, irrelevant or inflammatory in nature;
any deliveries that may be unreasonable or unsafe to deliver such as heavy or bulky Retail Goods;
any advertisement purposes;
any medication, prescription or otherwise that would be unsafe to deliver due to time/temperature sensitive reasons including that may become unsafe for consumption or use during the period of proposed delivery service;
any Retail Goods, items or activities that in our opinion may cause reputational damage or harm to us.

(together the Prohibitions)

You agree that if you breach any of the Prohibitions, we reserve the right to terminate these Terms in accordance with clause 13 and not refund you the Listing Fees.

15. Notice regarding Apple

To the extent that you are using or accessing our My Click and Collect on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the My Click and Collect and any content available on the My Click and Collect.

Apple has no obligation to furnish you with any maintenance and support services with respect to our My Click and Collect.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. General

Assignment

You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes

In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a driver and us, a Party may not commence court proceedings relating to a Dispute without first meeting with the other Party to seek (in good faith) to resolve the Dispute.

If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law:

These Terms governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices

Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties

These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

17 Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Retail Goods means goods sold by Retailers to the public in relatively small quantities for use or consumption and may include groceries, furniture, tools and alcohol, or, goods we may prescribe as such from time to time at our sole discretion.

Retailer means a seller of Retail Goods. For the avoidance of doubt, a Retailer does not include a private seller.