LEGAL DISCLAIMER
AXXESS Delivery | Legal Disclaimer
1. THE AXXESS INTERMEDIARY ROLE
AXXESS Delivery (hereinafter "AXXESS") operates exclusively as a technology-based intermediary and digital marketplace facilitator within Saint Vincent and the Grenadines. We do not own, operate, manage, prepare, package, or sell any food or beverage items. By placing an order through the platform, you acknowledge and agree that you are entering into a direct, legally binding contract with the Third-Party Vendor (Restaurant, Kitchen, or Merchant) for the purchase of goods, and a separate service agreement with AXXESS for the facilitation and logistics of delivery. AXXESS is not a party to the transaction between the User and the Vendor regarding the quality, preparation, safety, or accuracy of the goods provided.
2. AGE & ELIGIBILITY
General Use: Users under the age of 18 are permitted to order general food and beverages only with the supervision and express consent of a parent or legal guardian who agrees to be bound by these terms.
Restricted Items (Alcohol, Tobacco, & Smoking Products): In accordance with the statutory laws of Saint Vincent and the Grenadines, you must be of legal statutory age to purchase alcohol, tobacco, nicotine, or any other regulated smoking products.
Verification & Refusal: AXXESS and its delivery partners reserve the absolute right to require digital age verification at the point of purchase and demand a valid, unexpired government-issued photo ID upon delivery. AXXESS delivery partners will refuse delivery if the recipient is underage, cannot provide sufficient identification, or appears visibly intoxicated. In the event of a failed delivery due to age verification issues, the User shall not be eligible for a resolution, refund, or credit, and may be liable for a cancellation fee.
3. FOOD SAFETY, QUALITY & ALLERGENS
Vendor Responsibility: The Third-Party Vendor is solely and exclusively responsible for food preparation, ingredient sourcing, hygiene, and full compliance with the Public Health laws and food safety regulations of Saint Vincent and the Grenadines. AXXESS shall not be held liable for any illness, injury, allergic reaction, or death resulting from the consumption of food or beverages ordered through the platform.
Nutritional & Dietary Accuracy: Any caloric, nutritional, or dietary information (e.g., "Low Fat," "Heart Healthy," "Keto") is provided solely by the Vendor. AXXESS does not verify, warrant, or guarantee the accuracy of these claims.
Allergen Notice: AXXESS cannot guarantee an allergen-free environment. All dietary labels (e.g., "Vegan," "Gluten-Free," "Halal," "Kosher") are provided by the Vendor. Users with severe or life-threatening allergies must contact the Vendor directly before placing an order to confirm safety protocols; AXXESS is not responsible for cross-contamination or labeling errors.
4. VISUAL & SENSORY DISCLAIMER
Illustrative Images Only: Photographs, images, or graphics of food and beverages displayed on the AXXESS platform are for illustrative and display purposes only. These images are stylized representations and do not constitute a guarantee, warranty, or legal claim that the actual food delivered will be an exact visual representation of the image shown. This includes, but is not limited to, discrepancies in portion size, color, garnish, side dishes, or packaging.
No Warranty of Taste or Quality: AXXESS makes no claims, guarantees, or warranties regarding the taste, aroma, texture, temperature (beyond reasonable transit expectations), or overall culinary quality of any food or beverage. Because culinary satisfaction is entirely subjective, AXXESS will not offer resolutions, refunds, or credits based on a User’s personal dissatisfaction with the flavor, seasoning, freshness, or preparation style of a meal.
5. STRICT "SEALED BAG" & RESOLUTION POLICY
Driver Prohibition: To ensure the highest standards of safety, security, and hygiene, AXXESS delivery partners are strictly prohibited from opening, inspecting, or handling the contents inside any type of bag, box, container, or individual food packaging used by the Vendor. This prohibition applies to both factory-sealed packaging and standard restaurant containers (stapled, taped, or tied).
Missing or Incorrect Items: If an item is discovered to be missing or incorrect from within a container, the User must contact AXXESS Support to initiate a request for a resolution.
Sole Discretion & No Guarantee of Compensation: All resolutions are determined on a case-by-case basis at the sole and absolute discretion of AXXESS. The initiation of a support ticket does not guarantee a refund, credit, or redelivery. AXXESS reserves the right to deny any request for compensation following an investigation. By using this service, you acknowledge that certain claims may result in no compensation or action taken by AXXESS, and the User may ultimately receive nothing in response to a reported issue.
6. PAYMENTS: GATEWAY & CASH ON DELIVERY (COD)
AXXESS provides multiple payment options subject to the following strict terms:
Digital Payments: Handled by independent third-party payment processors. AXXESS does not store full credit card or banking details and is not liable for technical errors, fraud, or security breaches occurring within the systems of these third-party processors.
Cash on Delivery (COD): 1. Exact Change: For the safety of the delivery partner, drivers carry extremely limited change. Users are responsible for having the exact total (including delivery fees and taxes) ready upon the driver's arrival.
2. Refusal to Pay: Refusal to pay the full amount due upon arrival is a violation of these terms. In such cases, the order will not be released, the User’s account will be flagged, and the User remains liable for the cost of the order.
3. Pre-Verification: AXXESS reserves the right to contact the User via telephone, SMS, or Instant Messaging (specifically WhatsApp) to verify high-value COD orders or verify delivery details before the Vendor begins preparation. Failure to respond to verification attempts may result in order cancellation.
7. ORDER DROP-OFF & UNATTENDED DELIVERY LIABILITY
Contactless Delivery: If a User selects the "Contactless Delivery" option or requests via notes that an order be left at a gate, door, or reception desk, the User assumes full and total responsibility for the order once the Delivery Partner has completed the drop-off and marked the order as "delivered."
Assumption of Risk: AXXESS and its delivery partners are not liable for orders that are stolen (porch piracy), tampered with by third parties, or spoiled due to weather, temperature, or pests after the delivery has been recorded in the AXXESS system. Note: Orders involving Cash on Delivery or age-restricted items are strictly ineligible for contactless delivery.
8. CANCELLATIONS, DATA PRIVACY & EXTERNAL LINKS
Non-Cancellable: Due to the perishable nature of food and beverages, orders cannot be canceled, modified, or refunded once the Vendor has accepted the order and commenced preparation.
Data Privacy Consent: By placing an order, you provide explicit, irrevocable consent for AXXESS to share your name, delivery address, and phone number with the Third-Party Vendor and the Delivery Partner for the sole purpose of order fulfillment. AXXESS is not liable for any unauthorized use of this data by Third-Party Vendors once it has been shared for the purpose of fulfillment.
Third-Party Links: AXXESS is not responsible for the content, privacy policies, or safety of any external websites or social media pages linked within the AXXESS platform.
9. VENDOR OPERATING HOURS & ORDER TIMING
Reasonable Preparation Lead Time: Users acknowledge and agree that Vendors require a reasonable period of time to receive, process, and prepare orders. Placing an order immediately prior to a Vendor's scheduled closing time (e.g., within 15 to 30 minutes of closing) does not guarantee that the Vendor will accept or be able to fulfill the order. AXXESS reserves the right to cancel any order that, in its sole judgment, cannot be realistically prepared by the Vendor and collected by a Delivery Partner before the Vendor’s operations cease for the day.
Independent Schedules & Selective Hours: Vendors maintain their own independent operating schedules, which may include "select hours," unannounced mid-day closures, or temporary cessations of service for private events or internal reasons. AXXESS may not at all times have real-time access to these specific internal schedules or be able to share them with the User. Consequently, AXXESS shall not be held liable for any inconvenience, loss, or disappointment caused by Vendor closures or any inaccuracies regarding operating hours displayed on the platform.
10. FORCE MAJEURE (UNFORESEEN EVENTS)
AXXESS shall not be liable for any failure, delay, or interruption in performance caused by circumstances beyond its reasonable control, including but not limited to: tropical storms, hurricanes, volcanic eruptions or ash fall, landslides, floods, civil unrest, strikes, government-mandated lockdowns, or widespread telecommunications and power outages within Saint Vincent and the Grenadines.
11. THE "THREE STRIKES" MARKETPLACE RULE
To maintain the integrity of the community, AXXESS operates a "Three Strikes" policy. A "Strike" is a verified violation of these terms. 3 Strikes = Permanent Account Suspension.
For Vendors: Consistent order inaccuracies, unhygienic packaging, or intentionally misleading imagery.
For Users: Fraudulent "missing item" claims, verbal abuse of delivery partners, or refusal to pay for COD orders.
For Drivers: Opening or handling the contents of any container, hygiene failures, or documented cash handling discrepancies.
12. DISPUTE RESOLUTION & GOVERNING LAW
Governing Law: This agreement and any disputes arising therefrom shall be governed by and construed in accordance with the Laws of Saint Vincent and the Grenadines.
Arbitration: Any dispute, controversy, or claim arising out of or relating to this agreement shall first be sought to be resolved through binding arbitration conducted in Saint Vincent and the Grenadines before escalating to the formal court system.
13. LIMITATION OF LIABILITY & INDEMNIFICATION
To the maximum extent permitted by the laws of Saint Vincent and the Grenadines, AXXESS, its directors, and employees shall not be liable for any direct, indirect, or consequential damages arising from the use of the platform. You agree to indemnify, defend, and hold harmless AXXESS from any claims, losses, or legal fees resulting from your use of the service or your breach of these terms.
1. THE AXXESS INTERMEDIARY ROLE
AXXESS Delivery (hereinafter "AXXESS") operates exclusively as a technology-based intermediary and digital marketplace facilitator within Saint Vincent and the Grenadines. We do not own, operate, manage, prepare, package, or sell any food or beverage items. By placing an order through the platform, you acknowledge and agree that you are entering into a direct, legally binding contract with the Third-Party Vendor (Restaurant, Kitchen, or Merchant) for the purchase of goods, and a separate service agreement with AXXESS for the facilitation and logistics of delivery. AXXESS is not a party to the transaction between the User and the Vendor regarding the quality, preparation, safety, or accuracy of the goods provided.
2. AGE & ELIGIBILITY
General Use: Users under the age of 18 are permitted to order general food and beverages only with the supervision and express consent of a parent or legal guardian who agrees to be bound by these terms.
Restricted Items (Alcohol, Tobacco, & Smoking Products): In accordance with the statutory laws of Saint Vincent and the Grenadines, you must be of legal statutory age to purchase alcohol, tobacco, nicotine, or any other regulated smoking products.
Verification & Refusal: AXXESS and its delivery partners reserve the absolute right to require digital age verification at the point of purchase and demand a valid, unexpired government-issued photo ID upon delivery. AXXESS delivery partners will refuse delivery if the recipient is underage, cannot provide sufficient identification, or appears visibly intoxicated. In the event of a failed delivery due to age verification issues, the User shall not be eligible for a resolution, refund, or credit, and may be liable for a cancellation fee.
3. FOOD SAFETY, QUALITY & ALLERGENS
Vendor Responsibility: The Third-Party Vendor is solely and exclusively responsible for food preparation, ingredient sourcing, hygiene, and full compliance with the Public Health laws and food safety regulations of Saint Vincent and the Grenadines. AXXESS shall not be held liable for any illness, injury, allergic reaction, or death resulting from the consumption of food or beverages ordered through the platform.
Nutritional & Dietary Accuracy: Any caloric, nutritional, or dietary information (e.g., "Low Fat," "Heart Healthy," "Keto") is provided solely by the Vendor. AXXESS does not verify, warrant, or guarantee the accuracy of these claims.
Allergen Notice: AXXESS cannot guarantee an allergen-free environment. All dietary labels (e.g., "Vegan," "Gluten-Free," "Halal," "Kosher") are provided by the Vendor. Users with severe or life-threatening allergies must contact the Vendor directly before placing an order to confirm safety protocols; AXXESS is not responsible for cross-contamination or labeling errors.
4. VISUAL & SENSORY DISCLAIMER
Illustrative Images Only: Photographs, images, or graphics of food and beverages displayed on the AXXESS platform are for illustrative and display purposes only. These images are stylized representations and do not constitute a guarantee, warranty, or legal claim that the actual food delivered will be an exact visual representation of the image shown. This includes, but is not limited to, discrepancies in portion size, color, garnish, side dishes, or packaging.
No Warranty of Taste or Quality: AXXESS makes no claims, guarantees, or warranties regarding the taste, aroma, texture, temperature (beyond reasonable transit expectations), or overall culinary quality of any food or beverage. Because culinary satisfaction is entirely subjective, AXXESS will not offer resolutions, refunds, or credits based on a User’s personal dissatisfaction with the flavor, seasoning, freshness, or preparation style of a meal.
5. STRICT "SEALED BAG" & RESOLUTION POLICY
Driver Prohibition: To ensure the highest standards of safety, security, and hygiene, AXXESS delivery partners are strictly prohibited from opening, inspecting, or handling the contents inside any type of bag, box, container, or individual food packaging used by the Vendor. This prohibition applies to both factory-sealed packaging and standard restaurant containers (stapled, taped, or tied).
Missing or Incorrect Items: If an item is discovered to be missing or incorrect from within a container, the User must contact AXXESS Support to initiate a request for a resolution.
Sole Discretion & No Guarantee of Compensation: All resolutions are determined on a case-by-case basis at the sole and absolute discretion of AXXESS. The initiation of a support ticket does not guarantee a refund, credit, or redelivery. AXXESS reserves the right to deny any request for compensation following an investigation. By using this service, you acknowledge that certain claims may result in no compensation or action taken by AXXESS, and the User may ultimately receive nothing in response to a reported issue.
6. PAYMENTS: GATEWAY & CASH ON DELIVERY (COD)
AXXESS provides multiple payment options subject to the following strict terms:
Digital Payments: Handled by independent third-party payment processors. AXXESS does not store full credit card or banking details and is not liable for technical errors, fraud, or security breaches occurring within the systems of these third-party processors.
Cash on Delivery (COD): 1. Exact Change: For the safety of the delivery partner, drivers carry extremely limited change. Users are responsible for having the exact total (including delivery fees and taxes) ready upon the driver's arrival.
2. Refusal to Pay: Refusal to pay the full amount due upon arrival is a violation of these terms. In such cases, the order will not be released, the User’s account will be flagged, and the User remains liable for the cost of the order.
3. Pre-Verification: AXXESS reserves the right to contact the User via telephone, SMS, or Instant Messaging (specifically WhatsApp) to verify high-value COD orders or verify delivery details before the Vendor begins preparation. Failure to respond to verification attempts may result in order cancellation.
7. ORDER DROP-OFF & UNATTENDED DELIVERY LIABILITY
Contactless Delivery: If a User selects the "Contactless Delivery" option or requests via notes that an order be left at a gate, door, or reception desk, the User assumes full and total responsibility for the order once the Delivery Partner has completed the drop-off and marked the order as "delivered."
Assumption of Risk: AXXESS and its delivery partners are not liable for orders that are stolen (porch piracy), tampered with by third parties, or spoiled due to weather, temperature, or pests after the delivery has been recorded in the AXXESS system. Note: Orders involving Cash on Delivery or age-restricted items are strictly ineligible for contactless delivery.
8. CANCELLATIONS, DATA PRIVACY & EXTERNAL LINKS
Non-Cancellable: Due to the perishable nature of food and beverages, orders cannot be canceled, modified, or refunded once the Vendor has accepted the order and commenced preparation.
Data Privacy Consent: By placing an order, you provide explicit, irrevocable consent for AXXESS to share your name, delivery address, and phone number with the Third-Party Vendor and the Delivery Partner for the sole purpose of order fulfillment. AXXESS is not liable for any unauthorized use of this data by Third-Party Vendors once it has been shared for the purpose of fulfillment.
Third-Party Links: AXXESS is not responsible for the content, privacy policies, or safety of any external websites or social media pages linked within the AXXESS platform.
9. VENDOR OPERATING HOURS & ORDER TIMING
Reasonable Preparation Lead Time: Users acknowledge and agree that Vendors require a reasonable period of time to receive, process, and prepare orders. Placing an order immediately prior to a Vendor's scheduled closing time (e.g., within 15 to 30 minutes of closing) does not guarantee that the Vendor will accept or be able to fulfill the order. AXXESS reserves the right to cancel any order that, in its sole judgment, cannot be realistically prepared by the Vendor and collected by a Delivery Partner before the Vendor’s operations cease for the day.
Independent Schedules & Selective Hours: Vendors maintain their own independent operating schedules, which may include "select hours," unannounced mid-day closures, or temporary cessations of service for private events or internal reasons. AXXESS may not at all times have real-time access to these specific internal schedules or be able to share them with the User. Consequently, AXXESS shall not be held liable for any inconvenience, loss, or disappointment caused by Vendor closures or any inaccuracies regarding operating hours displayed on the platform.
10. FORCE MAJEURE (UNFORESEEN EVENTS)
AXXESS shall not be liable for any failure, delay, or interruption in performance caused by circumstances beyond its reasonable control, including but not limited to: tropical storms, hurricanes, volcanic eruptions or ash fall, landslides, floods, civil unrest, strikes, government-mandated lockdowns, or widespread telecommunications and power outages within Saint Vincent and the Grenadines.
11. THE "THREE STRIKES" MARKETPLACE RULE
To maintain the integrity of the community, AXXESS operates a "Three Strikes" policy. A "Strike" is a verified violation of these terms. 3 Strikes = Permanent Account Suspension.
For Vendors: Consistent order inaccuracies, unhygienic packaging, or intentionally misleading imagery.
For Users: Fraudulent "missing item" claims, verbal abuse of delivery partners, or refusal to pay for COD orders.
For Drivers: Opening or handling the contents of any container, hygiene failures, or documented cash handling discrepancies.
12. DISPUTE RESOLUTION & GOVERNING LAW
Governing Law: This agreement and any disputes arising therefrom shall be governed by and construed in accordance with the Laws of Saint Vincent and the Grenadines.
Arbitration: Any dispute, controversy, or claim arising out of or relating to this agreement shall first be sought to be resolved through binding arbitration conducted in Saint Vincent and the Grenadines before escalating to the formal court system.
13. LIMITATION OF LIABILITY & INDEMNIFICATION
To the maximum extent permitted by the laws of Saint Vincent and the Grenadines, AXXESS, its directors, and employees shall not be liable for any direct, indirect, or consequential damages arising from the use of the platform. You agree to indemnify, defend, and hold harmless AXXESS from any claims, losses, or legal fees resulting from your use of the service or your breach of these terms.