Terms and Conditions of Service

Effective Date: July 23, 2026

These Terms and Conditions of Service (hereinafter, the "Terms" or "Agreement") constitute a legally binding contract executed by and between Fresh Mart (hereinafter, "Company," "we," "us," or "our") and the individual or entity accessing, browsing, or utilizing our services (hereinafter, "User," "you," or "your").

This Agreement governs your access to and use of the Fresh Mart website located at www.freshmartcorporate.com (the "Site"), the Fresh Mart mobile application (the "App"), and any affiliated online interfaces, purchase portals, or interactive features (collectively, the "Platform"), as well as the purchase of any food items, beverages, or consumer goods (the "Products") offered by the Company.

BY ACCESSING, DOWNLOADING, REGISTERING WITH, OR USING THE PLATFORM, OR BY PLACING AN ORDER FOR PRODUCTS, YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE ENTIRETY OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING THE PLATFORM AND MUST IMMEDIATELY CEASE ALL USE THEREOF.

Section 1: Food Consumption, Mandatory Allergen Disclosure, and Liability Waiver

1.1 Express Allergen Notice

The Company operates a commercial food preparation environment. Notice is hereby given to all Users that our Products are prepared, manufactured, packaged, and handled in facilities that extensively use, process, and store peanuts, tree nuts, and other common food allergens. Consequently, despite the rigorous adherence to sanitary and cross-contamination prevention protocols implemented by our kitchen operations, the Company cannot and does not guarantee that any Product is entirely free from trace amounts of peanuts or other allergen cross-contamination.

1.2 User Obligation to Disclose

It is the absolute and non-delegable duty of the User to notify the Company of any and all food allergies, severe food sensitivities, or strict dietary restrictions before submitting any order for Products. To ensure safe preparation, the User must explicitly communicate such health and dietary requirements ahead of time and prior to order completion by calling our dedicated logistics desk at: (732) 372-7010.

1.3 Absolute Waiver and Assumption of Risk

If a User fails to provide adequate and timely notice of a peanut or other food allergy prior to ordering, purchasing, or consuming our Products, the User assumes total and unconditional responsibility for any and all outcomes.

To the maximum extent permitted by applicable law, Fresh Mart, its corporate parent, subsidiaries, affiliates, officers, directors, employees, independent contractors, and agents shall completely disclaim, and shall not be held legally or financially liable for, any and all adverse allergic reactions, illnesses, medical emergencies, bodily injuries, psychological injuries, or any direct, indirect, incidental, or consequential damages arising from the consumption of Company Products. Your voluntary purchase and consumption of Products constitutes an explicit assumption of the inherent risks of foodborne allergens.

Section 2: Platform Accounts, Eligibility, and Commercial Operations

2.1 User Eligibility

By utilizing this Platform, you represent and warrant that you possess the legal capacity to enter into a binding contractual agreement under applicable law, and that all information provided by you to the Platform is true, accurate, and complete.

2.2 Product Availability and Pricing

The inclusion of any Products on the Platform at a particular time does not imply or warrant that these Products will be available at any given time. The Company reserves the absolute right, exercised in its sole discretion and without prior notice, to limit the order quantity on any Product, discontinue any item, modify product specifications or ingredients, or refuse service, sales, or Platform access to any individual or corporate entity.

2.3 Transactional Accuracy

You agree to provide current, complete, and accurate purchase and account information for all transactions executed via the Platform. In the event that an order is modified, canceled, or suspended, the Company will attempt to notify you via the email address provided at the time the order was initiated.

2.4 Order Placement, Pickup, and Accuracy

Products are sold for in-store pickup only at the designated Fresh Mart location; the Platform does not offer delivery. Any preparation or "ready by" time shown at checkout is a good-faith estimate and not a guarantee. It is your responsibility to review your order—including items, quantities, modifiers, and pickup time—for accuracy before submitting payment. Once submitted, an order is transmitted to the kitchen for preparation and cannot be modified through the Platform.

2.5 Pricing, Payment, and Processing

All prices are stated in U.S. dollars and are exclusive of applicable taxes, which are calculated and added at checkout. Prices, promotions, and the availability of promotional codes may change at any time without notice, but the price shown to you at the time you submit an order governs that order. Payment is collected in full at the time you place your order.

Payments are processed by our third-party payment processor, Stripe, Inc., and may be made by supported credit or debit card or by a supported mobile wallet (such as Apple Pay or Google Pay). By submitting an order, you authorize the Company, through Stripe, to charge your selected payment method for the full order total, including tax. Your use of Stripe is also subject to Stripe's own terms and privacy policy. The Company does not receive or store your full card number.

2.6 Cancellations and Refunds

Because Products are prepared to order, the following cancellation and refund terms apply:

Customer cancellations. You may cancel an order for a full refund only if you contact the store before the store has begun preparing it. Once preparation has begun, the order is final and is not eligible for cancellation or refund.
Uncollected orders / no-shows. Orders that are prepared but not picked up are not eligible for a refund.
Company cancellations. If the Company cancels your order (for example, because an item becomes unavailable), you will receive a full refund to your original payment method.

Approved refunds are issued to the original payment method through Stripe and may take several business days to appear, depending on your bank or card issuer. To request a cancellation or refund, contact the store promptly at (732) 372-7010. Nothing in this section limits any non-waivable rights you may have under applicable consumer-protection law.

Section 3: Intellectual Property Rights

All content, features, and functionality encompassing the Platform—including but not limited to information, software, text, digital displays, images, video, audio, logos, trademarks, and the structural design, selection, and arrangement thereof—are the exclusive property of Fresh Mart or its licensors and are fully protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access the Platform solely for personal, non-commercial use in accordance with these Terms.

Section 4: Disclaimer of Warranties

THE PLATFORM AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH MART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Section 5: Indemnification

You agree to defend, indemnify, and hold harmless Fresh Mart, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your unauthorized use of the Platform or Products.

Section 6: Limitation of Liability

IN NO EVENT SHALL FRESH MART, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM OR PRODUCTS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Section 7: Governing Law, Venue, and Dispute Resolution

7.1 Choice of Law

This Agreement and all disputes arising directly or indirectly from your utilization of the Platform or purchase of Products shall be governed by, interpreted, and enforced in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.

7.2 Forum Selection

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the state or federal courts located in the State of New Jersey. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

7.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Section 8: Miscellaneous Terms

8.1 Severability

If any provision of these Terms is deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that specific provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8.2 Entire Agreement

These Terms constitute the entire integrated agreement between you and Fresh Mart regarding your use of the Platform and purchase of Products, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Section 9: Corporate Legal Contact

For inquiries regarding these Terms, legal notices, or operational compliance matters, please direct all formal correspondence to:

Legal Desk Email: legal@freshmartcorporate.com