Welcome to Hills Market’s Terms and Agreement Section. Like any company, we must
supply full terms and conditions to protect our customers and our company. Below
you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and
Foodworks, Inc DBA The Hills Market
(herein after collectively “The Hills Market”) that
states the terms and conditions under which you may receive our Hills
On The Go service and use hillsonthego.com. If you use Hills
On The Go service, you agree to these terms and conditions
1. . Hills On The Go Delivery Service and Website.
Our Hills On The Go service is a transaction, information and
communication service available to authorized users ("customers")
who access access hillsonthego.com.
- Grocery Shopping and Delivery Service.
The Hills Market’s employees, agents or designees will shop and
deliver grocery orders placed with the Hills On The Go service. Delivery will
be made to the delivery address that you specify when you place your first order.
Payment for groceries and associated shopping and delivery fees is due at the
time the order is placed. You are responsible for ensuring that someone is
present at the delivery address to receive deliveries at the specified time
of delivery or that you have designated or that a secondary preferred
location is designated for order delivery. Anyone at the delivery address
who receives the delivery is conclusively presumed to be authorized to
receive the order. If no one is present at the delivery address to receive
deliveries at the specified time of delivery, we will deliver your groceries
at the preferred secondary location you marked, such as a neighbor or area
near your delivery location. If The Hills Market needs to, for any reason
outside of our own control, re-deliver your groceries, you will be
assessed an additional fee. If you are not satisfied for any reason
with an item purchased through Hills On The Go, you may return it
and it will be credited into your Account Funds or will be refunded
on your credit card. If an item you choose is not in inventory,
we reserve the right to replace the item with an equivalent product,
unless you indicate that you do not want substitutions. We will
adjust the price if necessary. The Hills Market’s liability for
missing a delivery or pickup time is
limited to delivery at a later agreed time at no additional charge.
- Third Party Information Providers and Merchants.
The Hills On The Go service may permit you to order and receive
products, information and services from businesses which are not
owned or operated by The Hills Market. The purchase, payment, warranty,
guarantee, delivery, maintenance and all other matters
concerning the merchandise, services or information ordered
or received from such businesses are solely between you and
The Hills Market
does not endorse, warrant or assume any responsibility or
liability for such products, information or services
including, but not limited to, the accuracy,
completeness or usefulness of such information,
opinion and advice and the quality and availability of
such products or services. Any separate charges or
obligations you incur in your dealings with these
third parties are your responsibility and are not part
of the fee charged forHills On The Go service.
2. Your Member Account. You agree to provide
Hills On The Go with
accurate and complete information as required by registration for
our Hills On The Go service("Customer Registration Data"), including,
but not limited to, your legal name, billing and delivery addresses,
telephone number, credit card account number and expiration date
and/or bank account information, and promptly to notify
HillsMarket of any change in your Customer Registration Data.
Upon registration, you will be issued a customer identification
number and password allowing you access to ordering from Hills On The Go.
Your password should be kept strictly confidential to
prevent unauthorized use. You agree to notify The Hills Market immediately
of any unauthorized use of your password or your account or
loss or theft of your credit card or bank account number.
You will remain liable for any use of the
Hills On The Go Service until you notify The Hills Market of the unauthorized
use, loss or theft.
3. Property Rights -
- Copyright: All content on hillsonthego.com
including, but not limited to, design, text, graphics, interfaces,
and the selection and arrangement thereof, and all software are the
property of The Hills Market ALL RIGHTS RESERVED, or its content providers.
The Hills Market authorizes you to view, electronically copy and to print
in hard copy portions of hillsonthego.com for the sole purpose of placing
an order with The Hills Market for your personal, non-commercial use,
provided that you preserve any copyright or other proprietary notices.
Any other use of materials on hillsonthego.com including, but not limited to,
reproduction, modification, distribution or publication for any commercial
or public purposes, without the prior written permission of The Hills Market
is strictly prohibited. The Hills Market reserves the right to revoke this
authorization at any time, and any use shall be
discontinued immediately on written notice from The Hills Market.
- Trademarks: All The Hills Market and Hills On The Go logos,
and all titles, characters, names, graphics and button icons are service marks,
trademarks and/or trade dress of The Hills Market or otherwise proprietary to
The Hills Market and may not be used by you for any reason other than as
expressly permitted by this Agreement. All other trademarks, service marks,
product names and company names or logos appearing
on hillsonthego.com are the property of their respective owners.
4. Fees, Payment and Access.
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
password or I.D. number, including your family, friends or other customers.
Fees and charges will be assessed in accordance with the then current Hills
On The Go fee schedule which can be accessed online. If you fail to pay any
fees or charges when due under our Hills On The Go fee schedule (which includes
electronic payment rejection, redelivery or restocking fees, or damages arising
from fraudulent use), The Hills Market may charge such amount directly to the
credit card identified in your Customer Registration Data. You shall be responsible
and liable for any fees, including attorneys' fees and collection costs,
that The Hills Market may incur in its efforts to collect any unpaid balances
from you. The Hills Market serves the right to establish a credit limit for
your account. Your right to use the Hills On The Go service
is also subject to limits established by your credit card issuer
5. Unauthorized or Fraudulent Use.
The Hills Market does not offer our Hills On The Go service to children. By registering for Hills On The Go, you warrant that you are at least 18 years old (or at least 21 years old if you are ordering alcohol.) If you are under 18, you may use our Hills On The Go service only with the involvement of a parent or guardian. From time to time, The Hills Market may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and The Hills Market reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
6. Changes in Agreement, Fee Schedule or The Hills Market’s On The Go Service.
The Hills Market may at any time change any of the terms of this Agreement
or the Hills On The Go Fee schedule including, but not limited to, the amount
of, or basis for determining, any fees or charges for Hills On The Go service.
If The Hills Market makes material changes to this Agreement or changes to the
Hills On The Go fee schedule, The Hills Market will provide notice to you in
a manner provided in this Agreement. Your use of the Hills On The Go service
after any such change will be conclusively deemed acceptance of such change.
The Hills Market may discontinue or revise any or all aspects of our Hills On
The Go service without prior notice to you. Price and availability of products
are also subject to change without notice. If any change is unacceptable to you,
you may cancel
your Hills On The Go service and terminate this Agreement.
7. Termination. The Hills Market may suspend or terminate
your access to the Hills On The Go service at any time for any reason
with or without notice to you. You may terminate your Hills On The Go s
ervice at any time for any reason by delivering notice in a manner provided
in this Agreement which termination will be effective the day notice is received
or such later date specified in the notice. If you terminate your Hills On The Go
service for any reason, you will not be entitled to a refund of any fees.
The Hills Market reserves the right to collect fees and charges incurred
before you cancel your Hills On The Go service. In addition,
you are responsible for any charges incurred to
third-party vendors or content providers prior to your cancellation.
8. Limitation of liability and disclaimer of warranty.
YOUR USE OF THE HILLS ON THE GO SERVICE, WWW.HILLSONTHEGO.COM,
WWW.THEHILLSMARKET.COM/ONTHEGO AND THE INTERNET IS ENTIRELY AT
YOUR OWN RISK. THE HILLS ON THE GO SERVICE, WWW.HILLSONTHEGO.COM,
WWW.THEHILLSMARKET.COM/ONTHEGO AND ITS CONTENTS ARE PROVIDED ON AN AS IS;'
AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HILLS
MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE HILLS MARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY
WWW.HILLSONTHEGO.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
WWW.HILLSONTHEGO.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE HILLS MARKET
NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR
MERCHANTS (COLLECTIVELY, ITS ASSOCIATES) SHALL BE LIABLE FOR DAMAGES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY
TO USE, THE HILLS ON THE GO SERVICE, WWW.HILLSONTHEGO.COM, THE INTERNET OR
FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH THE HILLS
MARKET. THE HILLS MARKET LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR
PRODUCTS SOLD BY HILLS ON THE GO AND RETURNED BY YOU. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF
CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND
LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material on hillsonthego.com is provided for lawful purposes only.
The Hills Market controls and operates hillsonthego.com from its
headquarters in Columbus, OH, USA and makes no representation that
these materials are appropriate or available for use in other locations.
If you use hillsonthego.com from other locations,
you are responsible for compliance with applicable local laws.
You agree to defend, indemnify and hold The Hills Market and its
Associates harmless from any claims and expenses, including attorney's
fees, arising in connection with a
violation of this Agreement by you or through use of your account.
11. Privacy and Security.
Your privacy is important to us here at The Hills Market.
We want to make you feel comfortable and secure shopping in our store.
how it is protected, what we do with it and how you can correct or
change information. By shopping at hillsonthego.com, you are accepting
Hills On The Go, you provide us with your name, billing and delivery
addresses, e-mail address, telephone number, and credit card account
number and expiration date. You select a username and password allowing
you access to the Hills On The Go service. Your password should be kept
strictly confidential to prevent unauthorized use. While using the Hills
On The Go service, you may give us special shopping and delivery instructions,
which we store and use to pick and deliver your order to your specifications.
The Hills Market does not sell personal information about
individual customers (such as name, address, e-mail address,
credit card information) to third parties, sell or rent lists
of customers or use information about individual
customers except to provide our service or as described below
- Aggregated Information. The Hills Market may use aggregated information regarding its customers and usage of the Hills On The Go service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. The Hills Market may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. The Hills Market may use or disclose personal information when The Hills Market believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Hills On The Go or its users or to comply with the law.
You may at any time review and change your personal information stored by hillsonthego.com by accessing the My Account page at hillsonthego.com. You may also request that Hills On The Go permanently remove all personal information stored by Hills On The Go at any time by delivering notice requesting such removal. Upon such request, Hills On The Go will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your Hills On The Go service. At The Hills Market, we want you to feel safe while shopping with us. That's why we use the Comodo verification brand to verify our standing. Comodo verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.
Legal and Miscellaneous .
This Agreement states your entire agreement with The Hills Market regarding the use of the Hills On The Go service and hillsonthego.com. 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.
- This Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Hills On The Go or its Associates or relating in any way to your use of the Hills On The Go hillsonthego.com resides in the courts of Ohio, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Ohio in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of The Hills Market and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your hillsonthego.com service.
- This Hills Market is not responsible for the state of perishable groceries or any subsequent illness resulting therefrom if you are not home when we deliver your order.
Notices. The Hills Market may give notice to you of a change in this Agreement, a change in the Hills On The Go fee Schedule, and any other matter by general posting on hillsonthego.com, by electronic mail. You may give notice to Hills On The Go by telephone at 614.846.3220 or by electronic mail (visit Contact Us onhillsonthego.com, or by conventional mail to:
The Hills Market
Hills On The Go
7860 Olentangy River Road
Columbus, OH, 43235
Attention: TERMS AND CONDITIONS
If you have any questions about this agreement, please call us at 614.846.3220 or email us at