CUSTOMER AGREEMENT

Part 1: DELIVERY TO PICKUP LOCATION

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS FOR DELIVERY TO PICKUP LOCATION OR STANDBY LOCATION SERVICE.

This Customer Agreement (the "Agreement") is an agreement between you and FreshGoGo, Inc. or its affiliates ("FreshGoGo") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive FreshGoGo service, which includes processing and arranging for delivery of product orders (the "FreshGoGo Service"). For the purpose of this Agreement, "you" and "your" shall refer to the individual who wishes to use the FreshGoGo Service. You must be 18 years of age or older and have the legal authority to enter into this Agreement. By (i) your submission of an order online or via App; (ii) your acceptance of this Agreement electronically during registration for the FreshGoGo Service; (iii) your use of FreshGoGo Platform, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the FreshGoGo Service at the time of order will be treated as part of this Agreement. If you do not agree with all of the terms and conditions, do not use the Platform or the FreshGoGo Service.

1. FreshGoGo Service - Managing Your Orders

1.1. Ordering through the Platform. FreshGoGo Service allows you to place a fresh grocery order (the "Order") and receive delivery to a designated FreshGoGo Pickup Location (the "Pick-up Location") or Standby Location (the “Stand-by Location”). To receive a delivery of the order(s) on time, you order(s) must be received (a) before 10pm (EST) , the day before the delivery day for Greater New York Region; (b)12noon (EST) , the day before the delivery day for Greater DC and Boston Regions and (c) 10pm(EST) , two days prior the delivery day, for Other Regions (each being an Order "Cutoff Time"). See Delivery of Products below for details. Available Pick-up Locations or Stand-by Location, date and time windows and associated delivery fees and promotions (if applicable) will be shown during the ordering process. If you wish to make a change to your order, you must complete the change before the Order Cutoff Time. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. You may cancel orders via the "Order" section of the Platform.

1.2. Price, Availability and Substitutions. FreshGoGo is committed to provide you with great prices and high quality products. The products’ name, unit price and unit quantity at your time of order are listed on our Platform. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions; otherwise, we will cancel the item and refund to you the paid price of the item. If you're not happy with the substitution, please email us at [email protected]. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and your payment method will not be charged.

1.3. Delivery Fee. A delivery fee may be added to your order where it is applicable.

1.4. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

1.5. Cancellations. Cancellation of orders after the required Cutoff Time will result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items plus (b) 25% of the total dollar amount of your nonperishable items.

1.6. Failure of timely pick up. (a) After your order is delivered to the Pick-up Location you chose at the time of the order, you will be notified and will have one hour to pick up the order from such Pick-up Location. You understand and agree that Pick-up Location provides limited hours of service to FreshGoGo customers; therefore, if you missed the first one hour pick up period, you will be subject to a Late Pick-up Fee for one additional hour to pick up and if you do not pick up your order from the Pick-up Location within two (2) hours upon the delivery of your order, your order will be cancelled and you will be subject to the cancellation policy set forth in section 1.4 above. (b) After your order is delivered to the Stand-by Location you chose at the time of the order, you will be notified and will have 30-mins to pick up the order from such Stand-by Location. If you do not pick up your order from the Stand-by Location within 30-mins upon the delivery of your order, your order will be cancelled and you will be subject to the cancellation policy set forth in section 1.4 above.

1.7. Return Policy. Please immediately check the quality and quantity of the items you order after you pick up the order from the Pick-up Location or Stand-by Location. If you feel there is any quality issue with the items you order, please immediately contact FreshGoGo customer service within three (3) hours of the pick-up. (If there is any shortage of goods, please contact us by WeChat, we will refund the price to the customer) To contact FreshGoGo, please go to "Order" section in FreshGoGo App and click "Apply for Refund" to process your request. Please take a picture of the affected item and send the picture to us for verification purpose. No refund or return will be honored if you fail to notify us within three (3) hours. Please note, we only honor return or exchange for items with quality issues, NO RETURN OR EXCHANGE OF ITEMS WITH NO QUALITY ISSUE(S) WILL BE ALLOWED.

1.8. Chilled Packaging Fee: Some products, including but not limited to meat & poultry, seafood, dairy & soy product, refrigerated food, frozen noodle & bun, other frozen food and some products from the restaurant/provider/bakery, require special packaging to make sure they arrive in good condition. The order with these products will be charged a chilled packaging flat fee, regardless of numbers of special products required chilled packaging within same order. This flat fee includes partial materials and labors required for the chilled packaging.
• If the customer cancels the order, the chilled packaging fee will be refunded.
• If the customer decides to cancel partial chilled packaging SKUs within the same order, the chilled packaging fee will not be refunded. If all chilled packaging SKUs within same order are canceled, the chilled packaging fee will be refunded.
• Vouchers and promo codes cannot be used against chilled packaging fee.
• There is no tax for chilled packaging fee.

1.9. Membership: “FreshGoGo Plus”：1.9. Membership: “FreshGoGo Plus”:
• $9.99 for 4 weeks or $99.99 for 52 weeks. Membership fee is non-refundable, non-transferable.
• FreshGoGo Prepaid Card cannot be used to purchase FreshGoGo PLUS.
• For both home delivery, mail order and pickup location customers.
• Membership period will be calculated based on the number of weeks, not the calendar month.
• Membership plans default to automatic renewal. On the membership expiration date, the same membership period as previously selected will be renewed and fee will be charged automatically from the credit card on file. Automatic renewal can be cancelled at any time during the membership period.
Membership Validity:
• The membership should take effect immediately upon the time of sign up, and start on the time and date of sign up and last for 4 or 52 weeks.
• The membership should be valid within 4 or 52 weeks for ordering.
Benefits:
• One $3 member voucher per week
1) $3 off member voucher automatically issued every week.
2) $3 off member voucher can be used together with other forms of vouchers, unless otherwise stated.
3) $3 off member voucher should be automatically applied during the checkout
4) $3 off member voucher will be returned to the account if the order is canceled.
5) $3 off member voucher should be shown under “Voucher’ and “Member” sections
6) $3 off member voucher is valid for 14 days
• 2% reward of each purchase as account credit:
1) 2% calculation does not include tax, service charge, surcharge charge, packaging fee, delivery fee, and discount from non-member voucher as well as the refund.
2) 2% reward applies to $3 Member voucher
3) 2% reward will be credited to the customer’s account within 20 business days for every 90 days of purchase, can only be used as account credit on FreshGoGo.
4) The order placed within the membership period should be delivered within 14 days after the membership is expired.
5) 2% reward does not apply to bulk deal SKU.
6) 2% reward does not apply to canceled orders.

2. Payment

2.1. Card Authorization and Estimated Costs. You must have a credit card or debit card ("Card") on file with FreshGoGo in order to place an order on the Platform. Your Card will be charged for your order on the day your place the order. FreshGoGo will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, FreshGoGo reserves the right to collect funds for any uncollected transaction charges or fees owed to it. If you fail to pay any fees or charges when due, including but not limited to rejected electronic payments, late pick-up fees or restocking fees, FreshGoGo may charge such amount directly to the Card identified in your Customer Account and FreshGoGo may suspend or terminate your access to the FreshGoGo Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that FreshGoGo may incur in its efforts to collect any unpaid balances from you. Your right to use the FreshGoGo Service is subject to limits established by FreshGoGo and/or by your Card issuer.

2.2 Third party payment platform. FreshGoGo may support the checkout using the third party payment platform. Customer must comply with any applicable terms and conditions of such third party payment platform.

3. FreshGoGo Service - Delivery

3.1. Delivery of Products. FreshGoGo uses refrigerated trucks with freezer compartments and secured paper box with ice packs (where applicable) to maintain the quality and integrity of your products. To maintain the integrity of products, we recommend that you immediately pick up your order from the Pick-up Location or Stand-by Location once you are notified and immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer.

3.2. Pickup Requirements. To add flexibility to your schedule, FreshGoGo will deliver your package at the nearby FreshGoGo Pickup Location or Stand-by Location which you chose at the time of the order. You will be notified when your order is one the way and when it is delivered at the Pickup Location or Stand-by Location and ready for pick up. You will have one hour from the time of delivery to pick up your order, if order is delivered to the Pick-up Location or 30-mins from the time of delivery, if order delivered to the Stand-by Location. Please note that the Pickup Location provides limited hours of service to FreshGoGo customers; therefore, if you missed the first one hour pickup period, you will be subject to a Late Pick-up Fee for one additional hour to pick up your order. If for any reason, you do not pick up your order from the Pickup Location within two (2) hours or from the Stand-by Location within 30 mins upon the delivery of your order, your order will be cancelled and you will be subject to the cancellation policy set forth in section 1.4 above.

3.3. Invoices. You will receive an email invoice after your order is received and accepted.. All of your order invoices are available in the "Order" section of our Platform. If something is missing from your order, please contact our Customer Service department via our e-mail, phone number or Wechat.

3.4. Unforeseen Delivery Complications. In the case of unforeseen delivery complications, such as inclement weather or heavy traffic, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend or delay chosen drop-off dates and times to the Pickup Location. In such case, our customer service representative may call or e-mail you to let you know the status of your delivery time and arrange an alternative delivery.

4. Access to the FreshGoGo Service

4.1. ID Number and Passwords. You will need to create an account with user name and a password in order to access the FreshGoGo Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the FreshGoGo Service with your password. You agree to notify FreshGoGo promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or FreshGoGo Service until you notify FreshGoGo.

4.2. Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the FreshGoGo Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to FreshGoGo, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

4.3. Privacy Policy.
A. FreshGoGo is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information and the order information in accordance of our privacy policy.
B. FreshGoGo maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that FreshGoGo may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of the Platform and the FreshGoGo Service.
C. You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to FreshGoGo may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.

5. Warranty Disclaimer; Limitation of Liability; Indemnification

5.1. YOU EXPRESSLY AGREE THAT THE USE OF THE FRESHGOGO SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FRESHGOGO SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FRESHGOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FRESHGOGO SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FRESHGOGO SERVICE; FRESHGOGO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FRESHGOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE FRESHGOGO SERVICES. FRESHGOGO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2. NEITHER FRESHGOGO NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FRESHGOGO PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE FRESHGOGO SERVICE, OR THE INTERNET. FRESHGOGO'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FRESHGOGO SERVICE AND TO TERMINATE THIS AGREEMENT. FRESHGOGO RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5.4. You agree to defend, indemnify, and hold FreshGoGo Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

6. General Terms

6.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. FreshGoGo may suspend or terminate this Agreement or the FreshGoGo Service or remove or disable access to any portion of the FreshGoGo Service at any time for any reason with or without notice to you. You may terminate this Agreement and your FreshGoGo Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. FreshGoGo reserves the right to collect fees and charges incurred before you cancel your FreshGoGo Service.

6.2. Customer Service. If you experience any issue using our Service, have any administration question or want to request any change to your Order prior to the Cutoff Time, you may contact us at [email protected]

6.3. Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.

6.4. Force Majeure. Under no circumstances shall FreshGoGo be held liable for any delay or failure in performance of the Service or any other related service or products resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions and orders of domestic or foreign courts or tribunals.

6.5. Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with FreshGoGo or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving FreshGoGo Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. You and FreshGoGo agree that, by entering into this agreement, you and FreshGoGo are waiving the right to a trial by jury.

6.6. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with FreshGoGo regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, FreshGoGo, and FreshGoGo Parties.

6.7. Severability and Non-Waiver. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

6.8. Changing the Term of Service. FreshGoGo may change the Terms of Service for the Service at any time. We will publish details of all changes online at https://www.freshgogo.com/termofservice.html.

Part 2: HOME DELIVERY

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS FOR DELIVERY TO HOME SERVICE.

This Customer Agreement (the "Agreement") is an agreement between you and FreshGoGo, Inc. or its affiliates ("FreshGoGo") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive FreshGoGo service, which includes processing and arranging for delivery of product orders (the "FreshGoGo Service"). For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the FreshGoGo Service. You must be 18 years of age or older and have the legal authority to enter into this Agreement. By (i) your submission of an order online or via App; (ii) your acceptance of this Agreement electronically during registration for the FreshGoGo Service; (iii) your use of FreshGoGo Platform, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the FreshGoGo Service at the time of order will be treated as part of this Agreement. If you do not agree with all of the terms and conditions, do not use the Platform or the FreshGoGo Service.

1. FreshGoGo Service - Managing Your Orders

1.1. Ordering through the Platform. FreshGoGo Service allows you to place an order (the “Order”) before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and associated delivery fees and promotions(if applicable) will be shown during the ordering process. Delivery dates and timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. If you wish to make a change to your order, you must complete the change before the Order Cutoff Time. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. You may cancel orders via the "Order" section of the Platform.

1.3. Delivery Fee. A delivery fee may be added to your order where it is applicable. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.4. Tip. Tip is not mandatory. If you wish to tip, you can provide a tip at the time your order is delivered.

1.5. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

1.6. Cancellations. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total dollar amount of your nonperishable items.

1.7 Return Policy. Please immediately check the quality and quantity of the items you order after your order is delivered. If you feel there is any quality issue with the items you order, please immediately contact FreshGoGo customer service within three (3) hours of the order is delivered.(If there is any shortage of goods, please contact us by WeChat, we will refund the price to the customer) To contact FreshGoGo, please go to “Order” section in FreshGoGo App and click “Apply for Refund” to process your request. Please take a picture of the affected item and send the picture to us for verification purpose. No refund or return will be honored if you fail to notify us within three (3) hours. Please note, we only honor return or exchange for items with quality issues, NO RETURN OR EXCHANGE OF ITEMS WITH NO QUALITY ISSUE(S) WILL BE ALLOWED.

1.9. Membership: “FreshGoGo Plus”：Some products, including but not limited to meat & poultry, seafood, dairy & soy product, refrigerated food, frozen noodle & bun, other frozen food and some products from the restaurant/provider/bakery, require special packaging to make sure they arrive in good condition. The order with these products will be charged a chilled packaging flat fee, regardless of numbers of special products required chilled packaging within same order. This flat fee includes partial materials and labors required for the chilled packaging.
Membership: “FreshGoGo Plus”
• $59 for 180 days. $59 is non-refundable, non- transferrable.
• FreshGoGo Prepaid Card cannot be used to purchase FreshGoGo PLUS
• For both home delivery, mail order and pickup location customers.
• 180 days will be calculated based on the number of days, not the calendar month.
Membership Validity:
• The membership should take effect immediately upon the time of sign up, and start on the time and date of sign up and last for 180 days.
• The membership should be valid within 180 days for ordering.
Benefits:
• Two $5 member vouchers
1) $5 off member voucher available every 30 days.
2) $5 off member voucher can be used together with other forms of vouchers.
3) $5 off member voucher should be automatically applied during the checkout for the 1st and 2nd order of each 30 days.
4) $5 off member voucher will be returned to the account if the order is canceled.
5) $5 off member voucher should be shown under “Voucher’ and “Member” sections
• 2% reward of each purchase as account credit:
1) 2% calculation does not include tax, service charge, surcharge charge, packaging fee, delivery fee, and discount from non-member voucher as well as the refund.
2) 2% reward applies to $5 Member voucher
3) 2% reward will be credited to the customer’s account within 20 business days for every 90 days of purchase, can only be used as account credit on FreshGoGo.
4) The order placed within the membership period should be delivered within 14 days after the membership is expired.
5) 2% reward does not apply to bulk deal SKU.
6) 2% reward does not apply to canceled orders.

2. FreshGoGo Service - Payment

2.2 Third party payment platform. FreshGoGo may support the checkout using the third-party payment platform. Customer must comply with any applicable terms and conditions of such third-party payment platform.

3. FreshGoGo Service - Delivery

3.1. Delivery of Products. FreshGoGo uses refrigerated trucks with freezer compartments and secured paper box with ice packs (where applicable) to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized doorman must be present to receive your order from our delivery personnel during your selected delivery date. The authorized doorman, who is designated at point of your order is placed, can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you or your doorman are not present during your selected delivery date, we are unable to redeliver the order to you, the order will be canceled and you will be charged a cancellation fee as described above.

3.3. Unattended Delivery. In certain areas, FreshGoGo may offer unattended delivery. If available in your area, this option is contained in the "Delivery" section of "Your Account" on our Platform. If you select the unattended delivery option, you, and not FreshGoGo, are solely responsible for products that are left at your delivery location.

3.5. Invoices. You will receive an email invoice after your order is received and accepted. All of your order invoices are available in the "Order" section of our Platform. If something is missing from your order, please contact our Customer Service department via our e-mail, phone number or WeChat.

3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

3.7. Tips. FreshGoGo delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.

4. Access to the FreshGoGo Service

4.3. Privacy Policy.

A. FreshGoGo is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information and the order information in accordance of our privacy policy.

B. FreshGoGo maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that FreshGoGo may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of the Platform and the FreshGoGo Service.

C. You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to FreshGoGo may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.

5. Warranty Disclaimer; Limitation of Liability; Indemnification

5.3. The material in the Platform is provided for lawful purposes only. FreshGoGo operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.6.4. You agree to defend, indemnify, and hold FreshGoGo Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

6. General Terms

6.3. Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.

Part 3: Mail Order

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS FOR DELIVERY TO HOME SERVICE.

1. FreshGoGo Service - Managing Your Orders

1.1. Ordering through the Platform. FreshGoGo carefully selects products suitable for mail-order services. Depending on the region and distance, we will provide dry goods, refrigerated and frozen products delivery, or delivery services for dry goods only. Delivery times may vary based on the customer's order time, the delivery address, the presence of restaurant items and cold chain products in the order.

1.2. Price, Availability and Substitutions. 1.2.FreshGoGo is committed to provide you with great prices and high quality products. The products’ name, unit price and unit quantity at your time of order are listed on our Platform. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions; otherwise, we will cancel the item and refund to you the paid price of the item. If you're not happy with the substitution, please email us at [email protected] If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and your payment method will not be charged.

1.3. Shipping Fee. A shipping fee may be added to your order where it is applicable.

1.4. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

1.5. Cancellations and Return. Cancellation and return are not allowed for mail order. If there is any quality issue with the items in your order, you can contact FreshGoGo Custer servise, please go to "Order" section in FreshGoGo App and click "Apply for Refund" to process your request.

1.6. Chilled Packaging & Fee: If the order contains refrigerated or frozen products, we will use:
○ Temperature-controlled shipping: The shipping method used to ensure that frozen foods remain frozen during transit, such as gel ice packs.
○ Packaging materials: The materials used to package frozen foods during shipping, including any insulation or padding to protect the products during transit.
○ We will charge customers for the relevant costs of the required refrigerated and insulated boxes based on the size and quantity specified in the order. The system will determine the size and fee of the refrigerated and insulated boxes required based on the volume of frozen products ordered by the customer.

1.7. Membership: "FreshGoGo Plus":
• $59 for 180 days. $59 is non-refundable, non- transferrable.
• FreshGoGo Prepaid Card cannot be used to purchase FreshGoGo PLUS
• For both home delivery, mail order and pickup location customers.
• 180 days will be calculated based on the number of days, not the calendar month.
Membership Validity:
• The membership should take effect immediately upon the time of sign up, and start on the time and date of sign up and last for 180 days.
• The membership should be valid within 180 days for ordering.
Benefits:
• Two $5 member vouchers
1) $5 off member voucher available every 30 days.
2) $5 off member voucher can be used together with other forms of vouchers.
3) $5 off member voucher should be automatically applied during the checkout for the 1st and 2nd order of each 30 days.
4) $5 off member voucher will be returned to the account if the order is canceled.
5) $5 off member voucher should be shown under “Voucher’ and “Member” sections
• 2% reward of each purchase as account credit:
1) 2% calculation does not include tax, service charge, surcharge charge, packaging fee, delivery fee, and discount from non-member voucher as well as the refund.
2) 2% reward applies to $5 Member voucher
3) 2% reward will be credited to the customer’s account within 20 business days for every 90 days of purchase, can only be used as account credit on FreshGoGo.
4) The order placed within the membership period should be delivered within 14 days after the membership is expired.
5) 2% reward does not apply to bulk deal SKU.
6) 2% reward does not apply to canceled orders.

2. FreshGoGo Service - Payment

2.2. Third party payment platform. FreshGoGo may support the checkout using the third-party payment platform. Customer must comply with any applicable terms and conditions of such third-party payment platform.

3. FreshGoGo Service – Delivery

3.1. Delivery of Products. The delivery time will depend on the third-party courier, and customers can track the order status based on the tracking number provided by the courier after placing an order.

3.2. Delivery Requirements. We don't require customers to be present for delivery. We will ship the goods to the customer's designated address through a third-party courier and leave the boxes at the customer's doorstep, yard, or storage room of the building, reception desk, or other locations as requested.

3.3. Unattended Delivery & Other Issues.
A.If the third-party courier cannot deliver the customer's box (such as an incorrect address, missing apartment number, building, floor, or unit number, no access code, an insecure location with the possibility of theft or weather conditions that may cause damage to the box), we or the third-party courier will attempt to contact the customer. If we or the third-party courier reach an agreement with the customer on an alternative delivery location and time, a redelivery fee may be charged.
B.If we or the third-party courier cannot contact the customer after multiple attempts or if we or the third-party courier cannot redeliver the order for any reason, the order will be canceled, and a cancellation fee will be charged to the customer.
C.If the customer inputs an incorrect address, and we successfully deliver the goods to that address, the customer will be responsible for the goods, and no refunds will be issued. Customers should check the delivery address before placing every order. The system needs to verify it.
D.If theft occurs, we will refund the customer up to a maximum of $100 in the account balance. For any subsequent theft of the same address or account, the customer will be fully responsible for the products left at the customer's delivery address. FreshGoGo will not offer refunds for any subsequent theft claims.
E.FreshGoGo makes every effort to keep our frozen and refrigerated products within the required temperature range. We recommend customers refrigerate or freeze the relevant products immediately upon receipt of the order. Depending on the temperature and conditions of your delivery address, there may be some degree of thawing or melting.
F.If a customer's order requires re-delivery or encounters other issues that require special handling and incur additional costs, we reserve the right to increase the delivery fee.

3.4. Invoices. You will receive an email invoice after your order is received and accepted. All of your order invoices are available in the "Order" section of our Platform. If something is missing from your order, please contact our Customer Service department via our e-mail, phone number or WeChat.

4. Access to the FreshGoGo Service

4.3. Privacy Policy.
A.FreshGoGo is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information and the order information in accordance of our privacy policy.
B.FreshGoGo maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that FreshGoGo may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of the Platform and the FreshGoGo Service.
C.You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to FreshGoGo may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.

5. Warranty Disclaimer; Limitation of Liability; Indemnification

5.1. YOU EXPRESSLY AGREE THAT THE USE OF THE FRESHGOGO SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FRESHGOGO SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FRESHGOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FRESHGOGO SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FRESHGOGO SERVICE; FRESHGOGO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FRESHGOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE FRESHGOGO SERVICES. FRESHGOGO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2. NEITHER FRESHGOGO NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FRESHGOGO PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE FRESHGOGO SERVICE, OR THE INTERNET. FRESHGOGO'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FRESHGOGO SERVICE AND TO TERMINATE THIS AGREEMENT. FRESHGOGO RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5.3. The material in the Platform is provided for lawful purposes only. FreshGoGo operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.6.4. You agree to defend, indemnify, and hold FreshGoGo Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account

6. General Terms

6.3. Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.