January 1, 2022
Welcome to the terms and conditions for Kmeal.com and the services offered therein (collectively, the “Kmeal Platform”), an application owned and operated by Kmeal LLC. (“Kmeal”).
Please read the following terms and conditions carefully. By using the Kmeal Platform, you acknowledge that you have read, understand, and expressly agree to be legally bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR REGISTER FOR THE SERVICES PROVIDED ON THE COOKUNITY PLATFORM. Kmeal reserves the right to amend these terms and conditions at any time. The amended terms and conditions will be made effective immediately upon posting on the Kmeal Platform.
Use of the Kmeal Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Kmeal Platform. To register as a cooking enthusiast or foodie (collectively, hereinafter referred to as “user”), you must provide your real name, address, phone number, e-mail address, and valid credit card information.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
What is Kmeal?
The Kmeal Platform provides a means to enable food enthusiasts (“Cooking enthusiasts”) to be matched with persons looking for tasty and home-made meals ("Foodies"). We offer a community marketplace for them to connect. For purposes of this Agreement these services shall collectively be defined as the "Services" or “Food Trade”. This Agreement describes the terms and conditions that will govern Your use of and participation in the Kmeal Platform.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a registered user of the Kmeal Platform, you represent and warrant that you are at least 18 years old. By using the Kmeal Platform, you represent and warrant that you have the right, authority and capacity to agree to these terms and conditions.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Kmeal for accessing your account on the Kmeal Platform. You are solely and fully responsible for all activities that occur under your password or account.
Kmeal has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Kmeal immediately.
People with certain conditions MUST HAVE physician approval prior to starting any Kmeal program; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any Kmeal Programs.
Please consult your physician before beginning any Kmeal program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Check with your physician, but as a general guideline, we also recommend taking a multivitamin and a fish oil supplement as a part of your Kmeal program for optimal health. You should discuss your continued participation in the Kmeal program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Kmeal program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Kmeal provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Kmeal, you acknowledge that Kmeal does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Kmeal.
Kmeal does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. COOKUNITY PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers, and we update this information on a daily basis on our website and mobile app reflected on the labels on our meal containers, and we update this information on a daily basis on our website and mobile app.
When you first sign up for a subscription to a Kmeal weekly Plan (a “Plan”), you are charged only for the orders schedule on your weekly plan on a weekly basis. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly basis on your delivery day and each subsequent expected delivery date until your subscription is cancelled. If you wish to cancel or modify your subscription to a Plan, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as noted otherwise below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the state of the order.
Kmeal may change the price of a Weekly Plan or meal, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of these Terms and Conditions. Price and Plan changes will take effect as of the next day on which Kmeal provided notice to you of the price or Plan change.
By continuing to use Kmeal after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
ALL PAYMENTS ARE NON-REFUNDABLE. We encourage you to check these terms and conditions periodically for any changes. Kmeal, at its sole discretion, may make available promotional offers with different features to any user. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract with the cooking enthusiast.
Kmeal shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of a cooking enthusiast or Foodie’s cancelation of a food trade.
In case of fraudulent activity caused by multiple accounts or incorrect usage of our service/platform, you agree Kmeal may at any time, at its sole discretion, terminate your subscription and process any extra fee avoided by inappropriate usage of promotional time.
If you are not satisfied with a meal for any reason, please contact our customer service team at firstname.lastname@example.org. You must report your issues within 2 days of the meal being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that delivery.
Kmeal will require the return or photo documentation of the meal(s) that you are not satisfied with before we make a credit or refund, otherwise the refund or credit will not take place. In special circumstances a credit or refund will be applied to your Kmeal account.
Any order cancellations requested after the specific cutoff time at noon are not allowed. Refunds or any other adjustments are not applicable. Situations related to operations and internal errors will be adjusted when applicable. Keep in mind that any account cancellation will not affect any scheduled order prior the request.
If your plan has been affected by any technical issue (or the possibility of one), an escalation will be required and no credit, refund or adjustment of any kind can be processed until full resolution. As this might be affecting other subscribers/users for Kmeal it's vital to find the source of the problem to provide an excellent experience to all. Depending on the severity of the issue, resolution might take up to 5 business days.
Following your Plan selection and placement and receipt of your first weekly order, you may cancel or modify a subscription at any time online by managing your account at Kmeal.com, or by emailing us at email@example.com. Please note, however, that any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order. In addition, Kmeal has a strict cutoff for all modifications to orders, which is four to six (when applicable) before your delivery day at noon. After this time there are no cancellations and modifications are not allowed and Kmeal will not take responsibility for any charges which may occur after this deadline has passed. Refunds or any other adjustments are not applicable. Situations related to operations and internal errors will be adjusted when applicable. Keep in mind that any account cancellation will not affect any schedule order prior the request.
To avoid being charged for placed orders or recommendations that you no longer wish to receive in the event of a subscription pause, you must pause prior to the date when you are to be charged for your next order, skip deliveries displayed in your Kmeal account “upcomming”. The charge is typically at noon, four to six days (when applicable) before your delivery, but can vary depending on other factors.
If you want to cancel your subscription before receiving your first order, charges will not be refundable.
Either you or Kmeal may terminate your participation in the Kmeal Platform by emailing us at firstname.lastname@example.org at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party or after the completion of any order scheduled prior de request. Upon such termination, Kmeal will remove all of your information from its servers, though it may retain an archived copy of records it has about you as required by law or for legitimate business purposes. Kmeal maintains sole discretion to bar your use of the Kmeal Platform in the future, for any or no reason. Even after your participation in the Kmeal Platform is terminated, these terms and conditions will remain in effect. Reactivation of Kmeal accounts can only be performed by each customer by clicking reactivate and Kmeal is not responsible for any charges/deliveries caused by the update. That is personal information each customer is responsible to handle with each weekly meal plan subscription.
When skipping deliveries, a confirmation email will be triggered and sent to the email address linked with your Kmeal account. In the case of a failed skip with no email validation, adjustments, or order cancellations after the default cutoff time will not be applicable.
Additionally, Kmeal may at any time, at its sole discretion, cease the operation of the Kmeal Platform or any part thereof, temporarily or permanently, without giving you any prior notice. You agree and acknowledge that Kmeal does not assume any responsibility with respect to, or in connection with the termination of Kmeal’s operation and loss of any data, including user generated content, as a result, as long as your pending reservation is handled properly.
Although Kmeal takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Kmeal is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Kmeal reserves the right to substitute a similar product. When making substitutions, Kmeal takes great care to meet the requirements of your particular Kmeal weekly plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages/labels or nutritional information which you can find following the QR code on each label.
Please Note: Kmeal food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat/gluten, soy and sesame.
We use third-party carriers to deliver your food packages and provide you with tracking information for every shipment. You must provide us with the proper shipping information and any special instructions the delivery driver may need. Kmeal is not responsible for missing orders if there is confirmation of delivery by the carrier; in case of Kmeal being responsible for not meeting delivey instructions provided by the customer, we will add the value paid as credits to use on a replacement order. For delays in orders arising from global, environmental, or catastrophic events, 100% of the price paid will be recognized as credit for a replacement order. Kmeal will always try to accommodate each situation when applicable. For any shipping error caused by the carrier or our internal operation (including missing items or delayed deliveries with no reason), we will issue a replacement delivery or replacement products at no additional charge, but refunds are not applicable.
Please note, we will ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will offer our customers one courtesy replacement shipment per year at a 50% discount of their purchase price.
Our logistics team and/or third-party services will make one attempt of delivery within the time slot selected by the customer. If the customer does not respond to receive their order, support will notify the customer via SMS or phone call. If the customer can not be reached and is not present to receive their order, Kmeal has no obligation to reimburse or credit that order; we will offer a second attempt the same night if we have availability or the next day.
Kmeal reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Kmeal will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Kmeal may restrict access to some parts of the Site, or the entire Site, to users, including registered users. When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account.
You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Kmeal for losses incurred by Kmeal or another party due to someone else using your account or password. Kmeal has the right to disable any user name, password or other identifier, whether chosen by you or provided by Kmeal at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
As part of the functionality of the Kmeal Platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Kmeal Platform, or allowing Kmeal to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Kmeal and/or grant Kmeal access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Kmeal to pay any fees or making Kmeal subject to any usage limitations imposed by such third party service providers. By granting Kmeal access to any Third Party Accounts, you understand that Kmeal may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “TPA Content”) so that it is available on and through the Kmeal Platform via your account, including without limitation any friend, contacts or following/followed lists, and Kmeal may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in herein, all TPA Content, if any, shall be considered to be Your Information and your content.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Kmeal Platform. Please note that if a Third Party Account becomes unavailable or the Kmeal Platform’s access to such Third Party Account is terminated by the third party service provider, then TPA Content may no longer be available on and through the Kmeal Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Kmeal makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Kmeal is not responsible for any TPA Content.
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Kmeal can reach you with informational calls related to your transactions. All calls to and from Kmeal may be monitored or recorded for quality and training purposes. If you select to receive text messages about your account, you consent to receive recurring SMS text messages sent through an automatic telephone dialing system.
You are responsible for providing a valid active mobile phone number to receive subscription notifications such as recommendations/orders ready to be scheduled, out of stock, account updates, and others. In the case that a non-working number is given, credits, refunds, or cancellations will not apply. We request our customers to double-check this info before completing the subscription process.
Kmeal may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Kmeal is under no obligation to update such material.
In order to register on Kmeal and enjoy the Service as a Cooking enthusiast, all you need to do is enter the "Add Meal" registration segment on the Service and fill out your profile page. You will receive a confirmation for joining our Service via email to the email address you provided us upon registration.
When registering on Kmeal you must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
Note that either as a Cooking enthusiast or as a Foodie, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Information included in your profile which is marked as public shall be available to other Users on Kmeal and to all Internet users.
You agree that you will use the Kmeal Platform in a manner consistent with any and all applicable laws and regulations. Kmeal reserves the right, but is not obligated, to investigate and terminate your participation in the Kmeal Platform if you have misused the Kmeal Platform or engaged in unlawful or illegal conduct. With respect to your participation on the Kmeal Platform, you agree that you will not: impersonate any person or entity; "stalk" or otherwise harass any person; express or imply that any statements you make are endorsed by Kmeal, without Kmeal’s specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Kmeal Platform or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained on the Kmeal Platform; interfere with or disrupt the Kmeal Platform or the servers or networks connected to the Kmeal Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Kmeal Platform; "frame" or "mirror" any part of the Kmeal Platform, without Kmeal’s prior written authorization or use meta tags or code or other devices containing any reference to Kmeal or the Kmeal Platform in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Kmeal Platform or any software used on or for the Kmeal Platform or cause others to do so.
You further agree that Your Information and your interactions on the Kmeal Platform shall not be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL's or e-mail addresses other than where explicitly asked for it in the your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Kmeal or cause Kmeal to become subject to regulation as a food vending business of any sort; or link directly or indirectly to any other websites. You further agree that you will not transfer, use, or sell your Kmeal account and/or ID to any another party. Kmeal reserves the right, but has no obligation, to reject any user that does not comply with these prohibitions.
Kmeal owns and retains ownership in the Kmeal Platform and all intellectual property therein. You may not rent, lease, lend, sell, redistribute or sublicense the Kmeal Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Kmeal Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Kmeal. If you breach this restriction, you may be subject to prosecution and damages.
You warrant and represent to Kmeal that Your Information is posted by you and that you are the sole author of Your Information. To enable the Kmeal Platform to use Your Information without violating any rights you might have in such information, you automatically grant, and represent and warrant that you have the right to grant, to Kmeal, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your Information and your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information.
E-mail communications sent from Kmeal are designed to make your Kmeal experience more efficient. By becoming a user of the Kmeal Platform, you specifically agree to accept and consent to receiving e-mail communications initiated from Kmeal, which include, without limitation, message notification e-mails, e-mails informing you about potential meals and delicious dishes available, e-mails informing you of promotions, and emails informing you of new and existing features.
Kmeal reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications, please do not use the Kmeal Platform.
All Kmeal intellectual property rights are owned exclusively by Kmeal. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Kmeal Platform are the property of their respective owners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Kmeal Platform, provided by you to Kmeal are non-confidential and shall become the sole property of Kmeal. Kmeal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Kmeal Platform, you agree to indemnify and hold Kmeal, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Kmeal Platform, including providing a link to another site or any user content or your violation of these Terms and Conditions.
In the event that you have a dispute with one or more users, you agree to release Kmeal (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Kmeal Platform.
Without limiting other remedies, Kmeal may terminate your use of the Kmeal Platform, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if you breach these terms and conditions or the documents it incorporates by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our users or Kmeal, or subject Kmeal or you or any other user to regulation by any state or local government or regulatory agency; or if Kmeal suspects that you have engaged in fraudulent activity in connection with the Kmeal Platform.
Any legal disputes or claims between Kmeal and you that cannot be resolved informally will be submitted to binding arbitration in San Francisco, California. The arbitration shall be conducted by the American Arbitration Association, or any other established alternative dispute resolution (ADR) provider mutually agreed upon by the parties.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Kmeal Platform be instituted more than three (3) years after the cause of action arose.
Kmeal does not sell or rent your information to third parties for their marketing purposes without your explicit consent.
You and Kmeal are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Welcome promotion is only valid for first-time subscribers and for the time window specified on the promotion’s description.This offer can not be postponed, saved or skipped for any other period during the subscription. In the case of an adjustment to an order, this charge is not refundable. The offer is valid for an individual customer, meaning that for any duplicate accounts, Kmeal has sole discretion to charge any extra fees or cancel / deactivate duplicate accounts. We invite our community to activate only *one* account with their personal information to avoid billing issues and receive clear and consistent communication.
Any additional promotional offers run only for consecutive days/weeks, and can only be applied within the stated dates listed with the promotion. Promotions can not be postponed, saved or skipped for any other period during the subscription and are not cumulative with other promotions, and charges are not refundable.
You agree to share your Kmeal referral link with your own personal connections only via email, your own social media accounts or personal blogs where you are the primary content owner. Public distribution on sites where you are not the primary content owner, e.g. social news aggregators and coupon websites, is not allowed. We reserve the right to suspend your account and/or revoke any and all referral credits or referral codes at any time if we believe that your credits were inappropriately earned. Each referral coupon you earn will be automatically applied towards future deliveries (one per order) and must be used within 45 days of issue. This offer is valid for new customers only. Referral credits are limited to one (1) per household address, and cannot be combined with any other offers, promotions, or discounts.
Kmeal reserves the right to limit the number of times the Referral Code can be shared, you can see your limit on your account https://subscription.kmeal.com/referral. The referral credit is applied on the referrer’s account as long as the account is active and the first order is completed. If the account of the referrer is closed, all credits are dissolved to zero and the offer does not apply.
Program discounts and Offers may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are responsible for any and all tax liabilities associated with the Program.
Governing Law and Jurisdiction
Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under New York law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New York, New York.
Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COOKUNITY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COOKUNITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; OR (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. TO THE FULLEST EXTENT POSSIBLE BY LAW, COOKUNITY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Gift Card Terms & Conditions All gift card recipients must create a Kmeal account, activate a subscription, and place a valid payment method on file. Gift cards may only be used in valid Kmeal service areas. Gift card credit will apply to all orders until it has been depleted. After gift card credits have depleted, the recipient’s payment method on file will be charged. Gift card recipients may skip deliveries before order cut-off times or cancel their subscription at any time. Active and confirmed orders cannot be cancelled after order cut-off time for any reason. Gift cards do not expire and any redeemed gift card credit will remain on the recipient’s account until fully depleted.
All gift card sales are final and non-refundable. Gift card credit cannot be redeemed for cash or any other type of compensation at any value. Kmeal is not responsible for any lost or stolen gift cards so please be sure to keep your redemption code safe. If you have reason to believe your gift has been stolen, please reach out email@example.com.Kmeal reserves the right to refuse to honor a gift card if fraudulent activity is suspected. Gift cards cannot be resold for profit or used in any sort of promotional effort. All gift card purchasers and recipients are subject to all Kmeal terms & conditions.
Except as explicitly stated otherwise, any notices to Kmeal shall be sent by certified mail, postage prepaid and return receipt requested to Kmeal LLC, 597C Dolores St, San Francisco, CA 94110, and any notices to you shall be provided to you through the Kmeal Platform or sent to you via the email address you provide to Kmeal during the registration process. For notices to Kmeal, a notice shall be deemed given 3 days after the date that the notice was sent. For notices by Kmeal to users, a notice shall be deemed given 24 hours after an email is sent, unless Kmeal is notified that the email address is invalid. Alternatively, Kmeal may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kmeal during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Kmeal Platform, you should first contact Kmeal customer service by email at firstname.lastname@example.org If customer service is not able to resolve your complaint, you may file a complaint with the California Public Utilities Commission's Eater Intake Unit by calling 800-894-9444.
These Terms and Conditions shall be governed by the laws of the State of California without regard to choice of law principles. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Kmeal’s failure to act with respect to a breach by you or others does not waive Kmeal’s right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement between you and Kmeal. Sections referring to services, licenses, liability limitation, indemnity, and resolution of disputes shall survive any termination or expiration of these Terms and Conditions.