Terms and Conditions of Service

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.

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.

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.

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 support@kmeal.com. 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 support@kmeal.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 support@kmeal.com 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, 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.

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.

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.

During the registration process you will be asked to choose a password, which must be kept in confidence at all times. The details you voluntarily provide us shall be maintained by us according to our Privacy Policy. You must agree to not disclose your username and password to any third party.

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.

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.

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 tosupport@kmeal.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.