GENERAL TERMS & CONDITIONS OF
KITCHEN EXPRESS LLC
Welcome and thank you for visiting www.mykitchenexpress.com (the “Site”) and/or our mobile application (the “App”) and our Terms and Conditions (the “Terms”).
THIS DOCUMENT IS A LEGAL AND BINDING AGREEMENT TO ALL USERS OF THE WWW.MYKITCHENEXPRESS.COM WEBSITE AND/OR APP. PLEASE REVIEW THE TERMS CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE SECTIONS PERTAINING TO THE AUTO-RENEWAL SUBSCRIPTION, ALLERGENS AND BINDING ARBITRATION PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE KITCHEN EXPRESS WEBSITE, PRODUCTS AND/OR SERVICES IN ANY WAY.
Kitchen Express LLC, a Florida Limited Liability Company also doing business as Kitchen Express and/or Kitchen Express USA and any variation thereof (hereinafter referred to as “Kitchen Express,” “We,” “Our,” “Us” or “Company”) operates this Site and the Kitchen Express App (if applicable). You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Site; (2) Use or access the App (3) Purchase or receive any good or service offered through the Site and/or App, including, but not limited to, Kitchen Express’ Subscription Service as defined in this document (“Products”); (4) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site or App (“Content”); (5) Purchase or redeem Kitchen Express gift cards or gift certificates (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotions (“Vouchers”) as may be offered by Kitchen Express from time to time, at Kitchen Express’ sole discretion.
You should print a copy of these terms and conditions for future reference.
- INFORMATION ABOUT US
Kitchen Express LLC d/b/a Kitchen Express, is a limited liability company organized in the State of Florida with general company offices located at: 523 Glenn Parkway
Hollywood, Florida 33021.
- SERVICE AVAILABILITY AND YOUR STATUS
The Site, the App, and Offerings are intended for use by individuals in the United States of America and particularly located in areas serviced by Us, as indicated on Our Website. As such, by placing an Order through our Site or App, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years of age; (3) Are located within a serviced area; and (4) Are accessing the Site or App from the United States.
You should review the Terms prior to using any Products offered by Kitchen Express and from time to time thereafter. Through your continued use of the Kitchen Express website and/or app and the Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms in effect at the time you access the website and/or App.
- ACCOUNT CREATION
You will need to create an account (“User Account”) with Kitchen Express on www.mykitchenexpress.com in order to have access and to utilize specific features of the Site and/or App. By creating an account with Kitchen Express, you agree to: (1) provide accurate and up-to-date information, as well as updating the information as necessary from time to time; (2) maintain the security of your password and accept the risks associated with unauthorized access to your User Account; and (3) notify us as soon as possible if you believe there have been any breaches to the security of the Site, the App, or your User Account information.
4.1. Personal Information. You certify and attest that all information You provide about You on Your User Account, including but not limited to, Your name, last name, and other personal information, is true and accurate and pertains to You. You cannot use aliases or provide information that is untrue, misleading or deceiving.
4.2. Your User Account is not transferable. Only You as registered user, can use Your User Account. You shall not share Your User Account, nor make it available, to third parties.
4.3. Your password. You are responsible for safeguarding your password. You agree not to disclose Your password to any third party, and to take sole responsibility for any activities or actions under Your User Account, whether such actions are authorized or not. You will immediately notify Kitchen Express of any unauthorized use of Your User Account. YOU SHOULD CHOOSE A PASSWORD APPLICABLE ONLY TO YOUR USER ACCOUNT IN CONNECTION TO THE SITE. YOU ARE STRONGLY DISCOURAGED FROM USING A PASSWORD (OR A VARIATION) THAT YOU ARE USING FOR OTHER WEBSITES, ELECTRONIC MAILS, AND/OR OTHER PURPOSES.
4.4. Payments and Payment Information. In order to subscribe to the Kitchen Express Services through the Site and/or App, You will be required to provide a valid and current payment method. Kitchen Express and/or its third-party service providers (such as PayPal®) will collect Your billing and shipping information and process Your payment as a service incidental to the transaction. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms, as necessary. In addition, You may be subject to late fees as stated on the Website and/or App. Kitchen Express or the collection agencies We retain, may also report information about Your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on Your account may be reflected in Your credit report. By accepting these Terms, You agree and authorize Kitchen Express to charge Your payment method (including credit/debit cards) any amount arising as a result of the transactions carried out while You are accessing and using the Site and/or App, including, but not limited to, all fees, charges, penalties, and any other amount foreseen in the Terms and Conditions and any other applicable terms and/or other policies.
- KITCHEN EXPRESS’ SERVICES
5.1. Kitchen Express’ Subscription Service. Our Subscription Service is an automatic, recurring weekly subscription to Kitchen Express Products (“Subscription Service” or “Service”). As part of the Service, We offer a number of subscription options that You will choose from (the “Plan”) when creating Your User Account. Each week you will receive a package from Kitchen Express (your “Meal Bag”), which will contain a specific number and type of meals (“Meals”) as You have indicated in Your User Account. The specific details regarding Your Plan and the Kitchen Express Service can be found by accessing your User Account details on the Site and/or App.
5.2. Dietary Preferences and Restrictions. Upon creation of Your User Account and subscription to the Service, You will be required to personalize Your Plan by indicating which ingredients You would like to be included or excluded from Your Meal Bags. For instance, if You do not eat chicken, You will indicate such dietary restriction and, as a result, chicken will not be one of Your subscription options. By agreeing to these Terms, You understand that it is Your sole responsibility to personalize Your Plan to conform to Your dietary needs. If You fail to do so and Your Meal Bags contain ingredients that do not conform to Your dietary needs, Kitchen Express will not be obligated to issue any refunds to You.
5.3. Auto-Renewal Feature. THE AFOREMENTIONED SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING WEEKLY CHARGES, AS AGREED TO BY YOU. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. KITCHEN EXPRESS MAY SUBMIT WEEKLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE DEACTIVATION PROCEDURES SET FORTH HEREIN) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE KITCHEN EXPRESS COULD REASONABLY ACT.
TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, ACCESS YOUR KITCHEN EXPRESS USER ACCOUNT, OR CONTACT KITCHEN EXPRESS (OUR CONTACT INFORMATION MAY BE FOUND ON OUR WEBSITE AND/OR APP). IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO YOUR SERVICE.
5.4 Deactivation of Your Subscription. BY ENROLLING INTO OUR SUBSCRIPTION SERVICE, YOU HEREBY AGREE TO THE RECURRING WEEKLY PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION.
YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT KITCHEN EXPRESS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
All prices shown on the Kitchen Express website and/or App are in U.S. Dollars (USD). Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically.
6.1. Changes to Pricing. Kitchen Express reserves the right to adjust prices at its sole discretion, at any time, and without notice to You; provided, however, that our pricing shall be published in Our Website and/or App. You are charged to consult Our current pricing. Acceptance by You of deliveries of the Products will constitute acceptance by You of such price changes, unless You cancel your subscription to the Service in accordance with these Terms. The shipment of Meals to You after issuance of such notice will confirm Your acceptance of such changes, unless You cancel your subscription in accordance with the Term’s Deactivation policies.
6.2. Plan Add-Ons. Different features and other customized options may be offered by Kitchen Express from time to time, including, but not limited to, premium options (for example gluten free, vegetarian, vegan, paleo, keto items), new product add-ons, and modified shipping options. Should You be interested in including such Add-Ons to Your Plan, there may be changes to the total price of Your Plan. If You have any questions about any of the options available under Your Plan, visit www.mykitchenexpress.com, or contact Us (Our contact information may be found on Our website and/or App).
- REPLACEMENT INGREDIENTS
Given the perishable nature of many of the ingredients used for the Meals, as well as fluctuating market conditions and product supply beyond Kitchen Express’ control, Kitchen Express reserves the right to adjust the Meal portions, to discontinue use of any ingredient, or to substitute any ingredients or entire Meals, all without notice to You. If such a substitution is required, We will make reasonable efforts to notify you prior to shipment and ensure that such substitutions are in line with the needs of Your particular Meal Plan. In any event, Kitchen Express will always make every effort to ensure that You are provided with the best ingredients for Our Meals. If You have any issues with any substitution, ingredient or Meal within Your Meal Bag, please contact Us (Our contact information may be found on Our website and/or app). Additionally, please be sure to carefully to review our allergen policy.
- GIFT CARDS
If made available by Kitchen Express, You may purchase and/or otherwise receive Gift Cards through the Site and/or App. You must create or have an existing and valid User Account with Kitchen Express in order to redeem a Gift Card. Kitchen Express Gift Cards may be redeemed on the Site or on the App. Redemption of Gift Cards will result in the application of a credit to your User Account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Kitchen Express Offerings until the Gift Card amount is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Kitchen Express is not responsible for lost or stolen Gift Cards. All sales of Gift Cards will be deemed final and nonrefundable.
Kitchen Express may from time to time offer discount promotions, free/discounted trials, sweepstakes, contests or other types of offers (“Vouchers”). Such Vouchers are only for first-time users of Kitchen Express, unless otherwise stated on the Voucher and may only be redeemed through the Kitchen Express website or App. Additionally, a Voucher may only be used once and may not be copied, reproduced or distributed without the prior approval of Kitchen Express. In order to utilize the offer on the Voucher, users need to create a User Account through the Site or App and input the code on the Voucher to redeem. Use of the Voucher code will be deemed as acceptance by You of these Terms and Conditions, as well as any special conditions indicated on the Voucher. Kitchen Express reserves the right to withdraw or deactivate any Voucher (except Vouchers that already have been purchased) for any reason, at any time, solely at Kitchen Express’ discretion.
9.1. Purchased but Unused Meal Plans. If You purchase a Meal Plan but do not wish to use it immediately, You must provide Kitchen Express with proper, advance notice so that We may accommodate Your needs to the best of Our ability. Your purchased, but unused Meal Plan will be deemed to be a Voucher and in such an instance, will only be valid for the following thirty (30) days from the date of purchase.
9.2. Partial Use of a Meal Plan. If You purchase a Meal Plan for a particular Delivery Week but know in advance that You will only need a part of the Meal Plan (for example You will be out of town for three out of the five days of that particular Delivery Week), You must provide Kitchen Express with proper, advance notice so that We may accommodate Your needs to the best of Our ability. In such an instance, You will be charged for the full Delivery Week, but Kitchen Express will only deliver the amount of Meals that You need for that week. The remaining Meals will become a Voucher. Such voucher will only be valid for the following thirty (30) days from the date of purchase. For instance, if You will be out of town for three (3) days of any given Delivery Week, we will deliver only two (2) Meals to You for that Delivery Week and You will have thirty (30) days from the date of purchase to redeem Your remaining three (3) Meals.
9.3. Expiration of Voucher. Upon the expiration of the Voucher, You will be billed the standard rate for Your Meal Bag on a recurring, weekly basis as per the Auto-Renewal Feature Terms of the Subscription Service, unless You cancel your Plan prior to the end of the Voucher period in accordance with the Deactivation Procedures contained herewith.
10.1. Kitchen Express Delivery Week. Kitchen Express’ “Delivery Week” begins on Sunday and Wednesday. The start of Our Delivery Week means that new Meals are available to be delivered in Your Meal Bag.
10.2. Rolling Basis of Meal Selection. Meal selection is on a rolling basis, and all selections “lock” twenty-four hours prior to the delivery date. For example, if Your Meal Bag is typically delivered on Sunday , You must make Your Meal selections on Saturday by 6 PM EST. Your credit card or other payment source will be charged at that time. No refunds will be issued for changes in opinion regarding Meal selections. Please refer to Our Returns and Refunds Policy below.
10.3. Deactivation Procedures. To deactivate your account, access your Kitchen Express User Account or call Kitchen Express (Our contact information may be found on Our website and/or app), stating that you wish to deactivate Your Plan and/or cancel Your order, along with your full name and registered email address until Thursday until 9pm. If you don’t cancel any order, your program will be charge on Friday on your debit/credit card automatically for still using our service for the next week.
10.4. Pausing Your Order. You shall have the option of pausing Your deliveries for any week. To do so, access your User Account or call Kitchen Express (Our contact information may be found on Our website and/or app). The same procedures pertaining to deactivation of a Plan apply to pausing any given week’s order. Accordingly, an order that has already “locked” cannot be paused for that week. Additionally, pausing an order shall only apply to the week in which You pause, and automatic deliveries will commence the following week, unless You choose to pause the following week, subject to the details indicated above. You will not be charged for any week in which Your order is paused.
10.5. Inclement Weather & Other Unforeseen Circumstances. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with Our ability to deliver Your Order, We will attempt to deliver Your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than Your scheduled delivery day. If the delivery of Your Meal Bag is not feasible, Kitchen Express will cancel Your delivery for the relevant Delivery Week and issue You a credit or refund of a part or the whole of the purchase price for that Meal Bag, as determined at the sole discretion of Kitchen Express.
10.6. Kitchen Express Insulation Meal Bags Container. The first delivery of each new customer will be done in a insulated Meal bag. In order to you will continue to receive deliveries in disposable cardboard bags.
- FORCE MAJEURE
Kitchen Express will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Our obligations under these Terms may be performed despite the Force Majeure Event.
- RECEIPT OF THE MEALS BY YOU
Upon delivery, You are responsible for reviewing the Meal Bag and inspecting all of the Products contained within for any defects or other problems. Upon review of the Meal Bag by You, We recommend that You place all Meals which will not be consumed immediately in the refrigerator, to ensure the Meals’ integrity. If You are not home when Your Meal Bag is delivered, the Meal Bag will be left at Your door or in a common area. The risk of loss and/or damage passes solely to You at the time of delivery. As such, You are solely responsible for proper storage, refrigeration and reheating of the Meals.
- RETURNS AND REFUND POLICY
In the event that the ingredients or condition of a Meal are problematic or unsatisfactory, We may, at our discretion, give you credit for the individual Meal, and in some situations, issue a partial or full refund for the Meal. In such a case, however, we reserve the right to require either the return of the unsatisfactory Meal or a photograph of such, before any partial/full refund or credit will be issued. Whether or not any sort of refund is warranted is at the sole discretion of Kitchen Express.
13.1. Foreseeable Schedule Changes by You. By agreeing to these Terms, You accept the sole responsibility of anticipating any circumstances in which You should deactivate Your Meal Plan, cancel an order or Pause Your Meal Plan, pursuant to the procedures set forth in Section 10 of this document. Such instances include, but are not limited to, travel, change of residence and visits from family members, or other circumstances that may affect Your typical routine. You understand that Kitchen Express will not issue refunds to You in such situations for failure by You to plan and to take action accordingly.
13.2. Wrong Address or Issues With Front Gates. By agreeing to these Terms, You understand that You are solely responsible in ensuring that You have provided Kitchen Express with Your full and correct address. Moreover, if the address You have provided is located either in a gated community with a guard, a pin pad entry system, or front desk, You understand that You are solely responsible for making the necessary arrangements to ensure that Kitchen Express is granted proper access to make Our delivery possible.
13.3. Arbitrary Distaste for Meals Delivered to You. By agreeing to these Terms, You understand that Kitchen Express will not issue refunds to You due to a general, arbitrary distaste for the Meals that You have selected and have been delivered to You. In other words, You will not be issued a refund simply because You do not like the Meal.
13.4. Changes in Meal Selection After Lock Period. As set forth in Section 10.2, the period to select Meals for the next Delivery Week “locks” twenty-four hours before the scheduled delivery date. By agreeing to these Terms, You understand that Kitchen Express is not required to accommodate any changes and will not make any changes to the Meals You have selected once the Meal Selection Period locks. Additionally, You understand that Kitchen Express will not issue refunds to You if You no longer desire the Meals that You had previously selected. In other words, Kitchen Express will not issue refunds if You ‘change your mind’ regarding the Meals that have been previously selected by You.
13.5. Failure to Personalize Meal Plan. Upon creation of Your User Account, You shall be required to personalize Your Plan and indicate all dietary preferences and restrictions. By agreeing to these Terms, You understand that it is Your sole responsibility to personalize Your Plan to conform to Your dietary needs. If You fail to do so and Your Meal Bags contain ingredients that do not conform to Your dietary needs, Kitchen Express will not be obligated to issue any refunds to You.
13.6. Gifting/Transferring a Meal Bag. In the event that Your Meal Plan has “locked” for the Delivery Week and any of the aforementioned circumstances apply, as a courtesy to You, Kitchen Express will offer You the option to gift or transfer Your Meal Bag to another individual. Such gift or transfer will be possible as long as that individual is located within Kitchen Express’ serviced area. In such a case, You must send Us an e-mail with the new recipient’s contact information. Once Kitchen Express has contacted the new recipient, as indicated by You, the new recipient must send Us an email indicating any food allergies or dietary restrictions. The Meal Bag will then be delivered to the new recipient, pursuant to the Meal Plan originally purchased by You.
- PROPRIETARY RIGHTS
Kitchen Express is the owner and operator of the Site and the App. Kitchen Express is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Kitchen Express Offerings, all of which is protected by the United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Users are only permitted to use these materials in order to utilize Kitchen Express’ Offerings for personal, non-commercial use. Any other use of Kitchen Express’ materials, including modification, distribution, or reproduction for purposes other than the personal usage of Kitchen Express’ Offerings, without written approval from Kitchen Express is prohibited.
14.1. Trademarks. “Kitchen Express,” all other Kitchen Express marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Kitchen Express or otherwise proprietary to Kitchen Express and may not be used by you for any reason other than as expressly permitted by the Terms.
14.2. Copyright Policy. Kitchen Express reserves the right to terminate any end-user’s access to the Kitchen Express Offerings where that end-user infringes upon third-party copyrights. Please notify if you believe any infringement has occurred.
- PROHIBITED USES
You may use Kitchen Express Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Kitchen Express, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm Kitchen Express or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
- 1 EXTERNAL LINKS
- USER CONDUCT
Kitchen Express may in the future make available to its users a function whereby users can leave comments regarding Kitchen Express’ Products and Services. As such, You agree that if and when this function is made available to You, You will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that You are solely responsible for your conduct, while accessing or using the Site or App. You agree that You will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Kitchen Express; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Kitchen Express’ without Our express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Kitchen Express’ Content, the Site, or the App without Our prior written consent; (8) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Kitchen Express has not authorized to access the Site or the App, to retrieve or index data; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which You are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Site or the App for any illegal purpose.
UPON DELIVERY OF YOUR MEAL BAGS BY KITCHEN EXPRESS TO THE ADDRESS INDICATED BY YOU, YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE STORAGE AND COOKING/REHEATING OF THE CONTENTS OF THE MEAL BAGS. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL BAGS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” UPON RECEIPT AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18.1. Allergen Information. THE USDA HAS IDENTIFIED WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH AND SHELLFISH AS MAJOR ALLERGENS. ALL OF THESE INGREDIENTS ARE OR MAY BE STORED, PORTIONED AND PACKAGED IN KITCHEN EXPRESS’ AND OUR SUPPLIER’S FACILITIES. WHILE KITCHEN EXPRESS TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS. THUS, THE MEALS MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. AS SUCH, YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING AND/OR CONSUMING SUCH PRODUCTS. KITCHEN EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENTS, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS/SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD CONSULT THE PRODUCTS LABEL OR CONTACT KITCHEN EXPRESS IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
18.2. Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEALS AND RELEVANT ACCOMPANYING INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, KITCHEN EXPRESS DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, KITCHEN EXPRESS RESERVES THE RIGHT, AT ITS SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
Kitchen Express reserves the right to change any and all Content and to modify, suspend or stop providing access to the Site and the Products at any time without notice and without obligation or liability to You.
- LIMITATIONS OF LIABILITY;
WE WILL USE REASONABLE CARE IN THE PERFORMANCE OF OUR DUTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KITCHEN EXPRESS, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, ITS LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) (THE “KITCHEN EXPRESS PARTIES” FOR PURPOSES OF THIS SECTION) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES UNLESS WE INCUR IN FRAUD AND WILLFUL DEFAULT ON OUR PART. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SHOULD UNDER APPLICABLE LAW THE FOREGOING EXCLUSION OF LIABILITY IS UNENFORCEABLE THEN, OUR LIABILITY WILL NOT EXCEED THE VALUE OF THE MEALS BAGS ACQUIRED BY YOU FROM US DURING THE WEEK OF THE ALLEGED BREACH OR DAMAGES. THIS IS AN ESSENTIAL COVENANT AND EXCHANGE OF PROMISES FOR US TO ENTER INTO THIS AGREEMENT WITH YOU. WE WOULD NOT BE ABLE TO OFFER YOU OUR SERVICES IN ABSENCE OF SUCH RELEASE OF LIABILITY.
ADDITIONALLY, IN NO EVENT SHALL THE KITCHEN EXPRESS PARTIES BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT (IF AND WHEN APPLICABLE), THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM KITCHEN EXPRESS, OR FROM EVENTS BEYOND THE KITCHEN EXPRESS PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE KITCHEN EXPRESS PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH KITCHEN EXPRESS PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF KITCHEN EXPRESS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, BUT ONLY IF THE APPLICABLE LAW/JURISDICTION MAKES, AS A MATTER OF LAW, SUCH DISCLAIMER OF LIABILITY INEFFECTIVE.
- MODIFICATIONS TO THE SITE AND PRODUCTS
We reserve the right, at Our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
- DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND KITCHEN EXPRESS ARE RESOLVED.
You and Kitchen Express hereby agree that any claim or dispute that may arise between You and Kitchen Express relating in any way to Your access and use of the Site, and/or these Terms, or any other applicable provision between the parties, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
21.1. Agreement to Arbitrate. You and Kitchen Express each agree that any and all disputes or claims that may arise between You and Kitchen Express relating in any way to, or arising out of these Terms, Your access and use of the Site, or any other applicable provision between the parties, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
21.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Kitchen Express agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Kitchen Express agree otherwise, the arbitration tribunal may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Additionally, the arbitration tribunal may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief, and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
21.3. Arbitration Procedures. The arbitration tribunal should apply these Terms as a court would. All issues are for the arbitrators to decide, including any issues relating to arbitrability, scope or enforceability of this Agreement to Arbitrate. However, any issue relating to the interpretation of Section 21.2 above shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. The arbitral tribunal shall be composed of three arbitrators except for any case where the AAA’s rules provide that the arbitration shall be conducted by a single arbitrator. The seat of the arbitration shall be in Broward County, Florida.
A party who intends to seek arbitration must send to the other, by certified mail, a notice of dispute (“Notice of Dispute”) as well as a Demand for Arbitration to the AAA (in addition to the applicable AAA’s forms). The Notice of Dispute to Kitchen Express shall be sent to Kitchen Express’ main address, as registered before the Department of State of the State of Florida (at http://www.sunbiz.org/). Kitchen Express will send any Notice of Dispute to You to the mailing address We have on file associated with Your User Account. It is Your responsibility to keep Your mailing address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the asserted claim and the relief sought. In case there is a settlement offer made by You or Kitchen Express at any phase or stage of the arbitration, it shall not be disclosed to the arbitration tribunal.
The arbitration tribunal will decide the substance of all claims in accordance with the laws of the State of Florida, without regard to its conflict of law provisions, and shall not be bound by prior arbitration awards. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
21.4. Severability. With the exception of any of the provisions in Section 21.2 of these Terms, if an arbitration tribunal or Court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitration tribunal or Court decides that any of the provisions in Section 21.2 of these is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Dispute Resolution Section will continue to apply.
21.5. Jurisdiction. Without prejudice of the preceding Agreement to Arbitrate, in any matter that a party may request judicial redress, You agree that the exclusive jurisdiction and venue of any of such matters will be the state or federal courts located in the Broward County of Florida. Further, in the event that the Agreement to Arbitrate above is found not to apply, either as a result of a decision by the arbitration tribunal or a Court order, You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state or federal courts located in the Broward County of Florida. Therefore, You and Kitchen Express agree to submit to the personal jurisdiction of the courts located within the Broward County of Florida for the purpose of litigating all such claims or disputes.
21.6. Jury Trial and Class Action Waiver. In any event, and to the extent permitted by applicable law, You and Kitchen Express hereby: (a) knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with regards to any litigation based hereon or arising out of these Terms, and/or Your access and use of the Site, or any other dispute between You and Us; and (b) agree that any litigation will proceed on an individual basis, and will not proceed as part of a class action.
- GOVERNING LAW AND VENUE
All matters relating to these Terms, Your access to and use of the Site/App, and Your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction). Any dispute arising out of, or related to, these Terms or Kitchen Express’ Offerings that is not subject to arbitration, shall be resolved exclusively in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, County of Broward. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Headings in these Terms are for convenience purposes only and they do not carry any mandatory effect.
- TERMINATION AND SURVIVAL
Notwithstanding anything contained in these Terms, We reserve the right, without notice to You and at Our sole discretion, to terminate or suspend Your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that Kitchen Express shall have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to Us, for which You have received a corresponding delivery, to the fullest extent permitted by applicable law.
- SEVERABILITY AND WAIVER
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by Kitchen Express of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any tolerance and/or failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
- ADDITIONAL TERMS, CONDITIONS AND POLICIES
We may enact additional terms, conditions and policies, including, but not limited to, cancellation, no-shows, re-location, and modification policies, among others. By accessing and using the Site and/or App, You will be bound by those additional terms, conditions and policies.
- REVIEW. COMMENTS. NON-DISPARAGEMENT. We will be glad to listen and attempt to accommodate any comment regarding the quality of Our products and services. Our Website and Our App. have procedures for customers’ reviews and comments. Any comment from Your side will be acknowledged, and we will try to evaluate the same in furtherance of a better service. Conversely, You agree not to defame, be derogatory, make negative comments towards, or otherwise disparage, KITCHEN EXPRESS, the Website and the App., Our products, services, or KITCHEN EXPRESS’S past, present and future managers, members, agents, representatives, employees, or affiliates, or its or their business plans or actions, either orally or in writing, or resorting to Social Media (such as Facebook, Instagram, Google reviews, etcetera); provided, however, that this provision will not preclude You from giving truthful testimony in response to a lawful subpoena.
These Terms and any document expressly referred to in them constitute the whole agreement between you and Kitchen Express, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Kitchen Express. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.
EFFECTIVE DATE OF THESE TERMS AND CONDITIONS: ___________________