WELCOME TO CASCADAS GROCERY DELIVERY SERVICE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement is an agreement between you and Bellavista El Medano, S. de R.L. de C.V. or its affiliates (Cascadas Grocery Delivery Service) exclusively available at Club Cascadas de Baja that states the terms and conditions under which you may use our website, our mobile applications (the Site and Apps are referred to collectively as the “Platform”) to receive a service, which includes processing and delivery (or arranging for delivery) of product orders. Your use of the Cascadas Grocery Delivery Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Cascadas Grocery Delivery Service.

Cascadas Grocery Delivery Service Satisfaction Guarantee

If you are dissatisfied for any reason with an item purchased through Cascadas Grocery Delivery Service, you may contact us via e-mail at grocery@clubcascadas.com or through the “Contact Us” section of the Platform. We will pick up the unsatisfactory product from your villa and will, at our sole discretion, replace the product, this will only be authorized after you have returned the unsatisfactory item. Service Satisfaction Guarantee is only valid within the confines of all other terms and conditions listed herein, for grocery or perishable products, you have up to three (3) days after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to five (5) days after delivery to contact us about the products and may not apply to products that have been opened or consumed.

Product information contained on the website or in our advertisements is offered as a reference. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. Cascadas Grocery Delivery Service assumes no responsibility for such information.

1. Cascadas Groceries Service – Managing Your Orders

1.1. Ordering through the Platform. Orders must be received before posted cutoff times for any given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions, if any, will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. 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.

There will be no fee to cancel or change your order delivery time should you provide at least 24 hours’ notice before your arrival. Please note that no cancellations or changes can be made the cut off time. You may cancel or make changes to an order by contacting our Customer Service Department at grocery@clubcascadas.com. Please visit the “Contact Us” section of the Platform.

1.2. Price, Availability and Substitutions. Cascadas Grocery Delivery Service prices and delivery are limited to members and guest of Club Cascadas de Baja. We receive fresh products to ensure you the high-quality controls. Due the perishable nature of our products, certain items may be unavailable due to market conditions beyond our control, season 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, at our discretion, to make item substitutions. If you’re not happy with the substitution, please email us at grocery@clubcascadas.com. 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 a notice on your confirmation email). Once an order is complete and confirmed the total for your order will be charged during your stay at Club Cascadas de Baja

1.3. Minimum Purchase. Your order may be subject to a minimum purchase amount as disclosed on the website, if applicable.

2. Cascadas Groceries Service – Payment

2.1. Payment and Estimated Costs. You will be charged for your order on the day your order is delivered Cascadas Grocery Delivery Service will not process an order that attempts to use an incorrect, expired, or over-the-credit limit credit card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, Cascadas Grocery Delivery Service reserves the right to collect funds for any uncollected transaction charges or fees owed to it.

3. Cascadas Groceries Service – Delivery

3.1. Delivery of Products. Cascadas Grocery Delivery Service uses refrigerated freezer compartments to maintain the quality and integrity of several items. To maintain the freshness of products upon delivery, we recommend that you maintain perishable items refrigerated or frozen. Frozen items must remain stored 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. Our authorized personnel will pre-stock the items at the requested villa and date as indicated on the order prior to your arrival.

3.3. Limits and Adjustments to Delivery. Cascadas Grocery Delivery Service may enforce a limit to an order if the available space results insufficient to fit them at the villa’s kitchen capacity.

3.4. Inclement Weather and Unforeseen Delivery Complications. In the event of inclement weather or unforeseen delivery complications, it may be necessary to adjust 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 make every effort to deliver your order as quickly as possible, conditions permitting.

3.5. Tips. Cascadas Grocery Delivery Service personnel can accept tips. Customers are under no obligation to tip delivery personnel but have the option to do so if exceptional service is provided by the delivery personnel.

4. Purchase of Alcoholic Beverages

4.1. Alcoholic beverages will not be sold or delivered to minors below the age of eighteen (18) .

5. Privacy Policy. Please review our Privacy Policy Which is posted on the Platform.

6. Warranty Disclaimer; Limitation of Liability; Indemnification

6.1. YOU EXPRESSLY AGREE THAT USE OF THE CASCADAS GROCERY DELIVERY SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE CASCADAS GROCERY DELIVERY SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CASCADAS GROCERIES SERIVICE 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 CASCADAS GROCERY DELIVERY SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE CASCADAS GROCERIES SERVICE; CASCADAS GROCERIES DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. CASCADAS GROCERIES SERVICE 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. THE CASCADAS GROCERY DELIVERY SERVICE. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE.

6.2. CASCADAS GROCERY DELIVERY SERVICE NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS 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 CASCADAS GROCERY DELIVERY SERVICE OR THE INTERNET. LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED (RESTICTIONS APPLY). YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE CASCADAS GROCERY DELIVERY SERVICE AND TO TERMINATE THIS AGREEMENT. CASCADAS GROCERY DELIVERY SERVICE RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.

6.3. The material presented on the Platform for Cascadas Grocery Delivery Service operates exclusively at Club Cascadas de Baja and not available to place orders at any other address or location.

6.4. You agree to defend, indemnify, and hold Cascadas Groceries Service 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.

7. General Terms

7.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Cascadas Grocery Delivery Service may suspend or terminate this Agreement or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. Cascadas Grocery Delivery Service reserves the right to collect fees and charges incurred before you cancel your delivery Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

7.2. Notices. Cascadas Groceries Service may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail. You may give notice to Cascadas Grocery Delivery Service by e-mail (as specified in the “Contact Us” section of the Platform), or by phone:

grocery@clubcascadas.com

+52 624 143-1882 Ext. 132

7.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Cascadas Grocery Delivery Service 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. 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 Baja California Sur, Mexico without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Cascadas Grocery Delivery Service or relating in any way to your use of the Service or the Platform resides in the federal and state courts of Baja California Sur, Mexico and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Baja California Sur, Mexico 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 it shall be barred.

7.4. Amendment. Cascadas Grocery Delivery Service may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

This Agreement was last updated on 11/01/2019.