Terms & Conditions

INTRODUCTION

1. Pronto Ltd., and its related bodies corporate (PRONTO), operate the pronto.bm website (Website) and the PRONTO mobile application (App) through which consumers can order our goods and services (Items) (altogether our Services).

2. These Terms and Conditions apply to our Services and any Items ordered by you through our Services.

3. Please read these Terms and Conditions carefully before creating a PRONTO account or using our App. By accessing the Website, downloading the App and/or setting up a PRONTO account you agree to these Terms and Conditions prior to ordering any Items. The order and delivery of Items is governed by these Terms and Conditions. If you do not accept these Terms and Conditions, you should leave the Website or App immediately, and you will not be able to order any products through the App.

4. Most customers will be considered consumers under the Bermuda Consumer Protection Act 1999 (CPA). If you are a consumer pursuant to the CPA, you have certain legal rights when you order Items through the App or Website. These rights are set out in more detail at: https://www.gov.bm/consumer-protection-laws. Your legislated consumer rights exist in addition to any rights provided to you under these Terms and Conditions and are not affected or replaced by these Terms and Conditions.

CONTACT INFORMATION

5. We are contactable via email at legal@pronto.bm or where applicable, by using the live chat facility on our App.

6. If we need to contact you, we will do so via the App, email or phone number you registered with us when setting up your PRONTO account.

USE OF OUR SERVICES

7. You must be over 18 years of age to set up a PRONTO account, use our Services, and order items from us.

8. You may use our Services only for lawful purposes. You may not use our Services in any way that breaches any applicable laws or regulations. You also agree not to access without authority, interfere with, damage or disrupt any part of our Services or any network or equipment used in the provision of our Services. You must not misuse our Services (including by hacking or scraping).

9. In order to register a PRONTO account with us you must provide your name, billing address, phone number and email. You can sign up using Apple ID, Google, Facebook or your Bermudian mobile phone number. Our collection, handling, storage and disclosure of your personal details are in accordance with our Privacy Policy. By accepting these Terms and Conditions you also accept our Privacy Policy.

10. It is your responsibility to create and maintain a secure and private password or secure login method. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure (and we take all reasonable efforts to maintain your account in utmost privacy). You must notify us immediately if you become aware of any unauthorised use of your PRONTO account.

11. To order Items you will need to provide a delivery address. This address may be updated or changed each time you order Items.

SERVICE AVAILABILITY AND ORDERING

12. We deliver Items across Bermuda. Once you confirm your delivery address in our App when ordering; only product available to your address will be displayed.

13. Items are ordered following onscreen prompts on our App. Prices (are inclusive of all taxes and delivery fees are displayed at the checkout. Once added to your cart, you will have the opportunity to check and correct any errors in your order up until the point at which you place your order by clicking the Pay button on the order summary screen. No changes can be made to your order after this point (including cancellation).

14. Once you have clicked Pay, we will take payment through your chosen payment method. If payment is successful, you will receive a notification via the App containing your order confirmation number and stating that we are processing your order. Following delivery, we will send the invoice to the email you provided when registering your PRONTO account.

15. A contract between us is formed at the point we dispatch your order and confirm the Items you will receive. The point of dispatch is also the point of supply.

16. Once your order is ready for dispatch, you will receive a notification via the App that the Items are ‘being delivered’ to confirm when your Items will be delivered to you. If for any reason we cannot provide you with any items in your order, you will be contacted by our customer services team using the phone number you provided when registering and/or a refund will be applied.

17. Items may only be ordered for consumer use in standard household quantities. We reserve the right to cancel orders or deliver using multiple delivery agents and multiple delivery fees in the event that an order is in excess of a household quantity.

18. Whilst we endeavour to ensure our Services are available 24 hours a day every day of the year, we do not undertake any obligation to do so, and we are not liable to you if our Services are unavailable at any time or for any period. Further, access to our Services may be suspended temporarily at any time and without notice.

DELIVERY

19. We deliver daily, subject to delivery agent availability in your area and any government mandates, rules, laws or regulations.

20. At the time you place orders you may choose delivery ASAP or a scheduled delivery time. We will also inform you of the then-current delivery time period, as delivery times can exceed our standard during times of peak ordering, inclement weather, traffic issues or other elements impacting our ability to deliver fast.

21. We provide an estimated delivery time before you place your order. You must be available to accept delivery at the estimated delivery time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will contact you to work with you to make things right unless the delay was caused by you (i.e. wrong delivery address provided or access to premises not possible).

22. Delivery will be made to the delivery address specified by you when placing the order. If you need to change the delivery location after you have placed your order, we might be able to change the address to an alternative one that is registered with your account if you let us know before the delivery agent has been dispatched, and if the new address is within the same zone as the address originally provided. If we cannot change the delivery address, you have the option to cancel the order, but if the Items are already on delivery we reserve the right to charge you with the delivery fee.

23. In the event of failed delivery that is caused by you, we reserve the right to charge you for your ordered items and the delivery fee. Events causing failure of delivery might include but are not limited

a. You not attending to your door when called;

b. You not answering your phone when contacted by our delivery agents using the contact information you provided to us;

c. You failed to provide access within a reasonable amount of time and the delivery agent is unable to find a safe and secure location to leave your Items;

d. Delivery agent refusing to deliver Items to you in accordance with our Age Restricted Products Requirements (as set out below).

TIPPING DELIVERERS

24. When you place an order, you will have the option to pay a tip to your delivery agent, in addition to the purchase price of the Items in your order.

25. Any payment will be collected by us using the payment method used for the original order and your delivery agent will receive 100% of any tip payment you choose to make.

YOUR RIGHTS IF SOMETHING IS WRONG WITH YOUR ITEMS

27. You have a legal right to receive items which match their description, are of acceptable quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you are a consumer pursuant to the Bermuda Consumer Protection Law, you have certain consumer guarantees which may expand on the above stated rights – feel free to learn more about your rights by visiting: https://www.gov.bm/consumer-protection-laws. If you believe that the Items you receive do not comply with these legal rights, please let us know and we will remedy the issue by replacing or refunding such items, or providing an account credit in respect of the affected party of the Items or the delivery services, in accordance with your legal rights. In order to assess your issue, we may request a photograph showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund, replacement or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the delivery agent when determining the remedy that will apply in the circumstances.

AGE RESTRICTED PRODUCTS REQUIREMENTS

28. Age restricted products (including alcohol & tobacco) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old.

29. Our ‘age verification policy’ is that our delivery agents will ask to see proof of age prior to delivery of Items including age restricted products. The delivery agent may refuse to deliver any age restricted product to any person unless they provide valid photo ID proving that they are 18 or over. Our delivery agents may also, in their sole discretion, refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs or whom they reasonably suspect is providing alcohol to minors. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

30. We support the responsible service of alcohol and in the event we supply liquor in your area, hold a liquor licence.

PRICING CHANGES

31. Prices for Items and delivery fees may change from time to time. The Price payable by you is the price displayed at the time of ‘confirming and paying’ for your order. If there is an obvious pricing mistake, we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.

VOUCHERS, GIFT VOUCHERS, ACCOUNT CREDITS, OFFERS AND PROMOTIONS

32. Payment may also be made by using vouchers, gift vouchers or account credit.

33. From time to time, we make special offers available to new users of our App. You may only be entitled to one new user offer. To be eligible as a ‘new user’ you must be a new customer of PRONTO, who does not currently have a PRONTO account. If you have previously had a PRONTO account you will not be eligible.

OUR REFERRAL PROGRAM

34. By participating in this Referral Program, you agree to be bound by these terms and conditions. These terms and conditions are to be read in conjunction with the relevant offer description and apply only to purchases within Bermuda.

35. The Referral Program promoter is Pronto Ltd. and its related bodies corporate (PRONTO) at 52 St. John’s Road, Pembroke HM 07, Bermuda, legal@pronto.bm.

36. The Referral Program gives PRONTO users (each a Referrer) a chance to receive PRONTO discounts or earn promotions (each a Referral Reward) for inviting someone they know to become a paying PRONTO customer (Referee).

37. Both the Referrer and Referee of a successful referral will receive the Referral Reward(s) specified in the offer description. The Referral Reward(s) will be applied to the Referrer and Referee’s PRONTO account.

38. A successful referral is recognised when the Referee enters the Referrer’s unique referral link or code on the checkout page and completes a successful order (or the minimum number of orders set out in the relevant offer description) using the PRONTO app. The discount specified in the offer description is automatically applied to the Referee’s initial order at this stage.

39. Referral Rewards will automatically be emailed to Referrer within 24 hours of the Referee making their first order.

40. A Referrer must be at least 18 years old to participate and be an existing PRONTO customer

41. An existing PRONTO customer is defined as anyone who has previously placed a successful order on the PRONTO app.

42. A Referrer must be at least 18 years old to participate and be an existing PRONTO customer.

43. An existing PRONTO customer is defined as anyone who has previously placed a successful order on the PRONTO app.

44. A Referee must be at least 18 years old; have never been a customer of PRONTO and meet the conditions for using the PRONTO app.

45. A new user is defined as anyone who has not placed an order on the PRONTO app. A person is still eligible to be a referee if they have previously downloaded or signed up to PRONTO but have not yet made an order.

46. PRONTO will only honor the first referral link or code that a Referee uses to make an initial purchase on the PRONTO app. Therefore, if multiple Referrers have referred the same friend and the friend has activated multiple referral links, only one Referrer will be entitled to receive a discount and the Referee will only receive one discount. The Referral Reward will only be applied to the Referrer of the first referral link or code through which the Referee purchased his/her first PRONTO order. All other referrals will be automatically invalidated.

47. PRONTO has the right to limit the number of times that a Referrer may use or share their referral link or code.

48. Referral links or codes must only be for personal and non-commercial purposes. You can only share your referral link or code with people you personally know. A Referrer must not market or promote this Referral Program or their referral link or code to friends without their consent or to the public at large or through paid advertising channels (such as blog sites, ads and the like) unless express written consent is given by PRONTO at its sole discretion.

49. Referrers must not use their referral link or code in any manner that violates the law or the rights of anyone else.

50. If you are providing PRONTO with the contact information for a Referee, you represent that you have the right to provide that information to PRONTO.

51. PRONTO reserves the right to cancel, terminate, modify or suspend the Referral Program or amend these terms and conditions at any time without prior notice.

52. These terms and conditions are in addition to the general terms and conditions that govern the use of the PRONTO app.

53. The Referral Program will be governed by the laws of Bermuda and Referrers and Referees accept the non-exclusive jurisdiction of courts and tribunals of Bermuda in connection with disputes concerning the Referral Program.

OUR LIABILITY AND RESPONSIBILITY

54. To the maximum extent permitted by law, we provides our Services and the content on our Website and App on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free, or that defects in the Services will be corrected.

55. To the maximum extent permitted by law and subject as provided below, we explicitly disclaim all warranties and conditions with regard to any portion of our Services, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:

a. any errors in or omissions from the Website or App, including but not limited to technical inaccuracies and typographical errors;

b. any third party content accessed (directly or indirectly) through links in the App or on the Website, including but not limited to any errors or omissions;

c. computer viruses, system failure or malfunction which may occur in connection with your use of the Website or App, including during hyperlinking to or from third party content; or

d. the unavailability of the Services, or any portion.

56. To the maximum extent permitted by law, we shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Services. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that we are 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.

57. We acknowledge that the Bermuda Consumer Protection Act 1999 (CPA) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such non-excludable terms to these Terms and Conditions. Accordingly, nothing in these Terms and Conditions affects any rights that you may have which we can’t by law exclude. If we breach a non-excludable term or condition, it will be liable for that breach. However, to the extent permitted by law, our liability is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.

CLOSING PRONTO ACCOUNT

58. You may close your PRONTO account at any time by us requesting to do so via your account profile link on the App or via contacting us using the contact details above.

59. We may suspend access to your PRONTO account, or close it permanently, if:

a. we believe that your PRONTO account has been used by someone else;

b. in our sole opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our people, or any other good reason).

60. If we close your PRONTO account permanently we will refund any remaining account credit you have validly obtained from our customer service team or via the App following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

LINKS TO AND FROM OTHER WEBSITES

61. Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

62. You may link to our Website homepage (pronto. bm) or download our App, provided that you do so in a fair and legal way that does not damage or take advantage of our reputation, misrepresent our relationship with you or establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists. We reserve the right to withdraw any linking permission at any time and for any reason – upon receipt of written notice you must immediately take action to comply.

OTHER TERMS

63. Please refer to our additional terms and policies which govern specific uses and actions related to your use of particular services of ours:

a. Our Privacy Policy;

64. All of these are incorporated into these Terms and Conditions by this reference.

GENERAL TERMS

65. We are the owner, or the licensee, of all intellectual property rights in our Website, App and materials published through our Services. Such works are protected by copyright and intellectual property laws and we reserve all rights to protect our intellectual property. You are not permitted to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from our Services in any way except for your own personal, non-commercial use.

66. If either we or you have any right to enforce these Terms and Conditions against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.

67. If a court decides that any part of these Terms and Conditions is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.

68. We may change these Terms and Conditions from time to time. If we make any changes, which affect your rights, we will take steps to notify you (for example, by posting an updated version of the terms on the App or Website). Changes to the Terms and Conditions will not affect any orders you have placed where we have sent a confirmation notice.

69. You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

70. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

71. These Terms and Conditions are governed by the laws of Bermuda and you agree to submit to the non-exclusive jurisdiction of the courts of Bermuda.