Terms & Conditions
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
KaleCart reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one KaleCart account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. In addition, if you are the purchaser or recipient of any wine Products via the Sites, you further represent and warrant that (x) you are 21 years of age or older and are otherwise eligible to purchase or receive such wine Products, and (y) the person signing for and accepting delivery of any such wine Products is an adult 21 years of age or older, and presented a valid form of identification confirming such fact, at the time of delivery of such wine Products.
We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Sites or Products. We reserve the right to include or exclude you from these tests without notice.
3. Registration, Account and Communication Preferences
To access and use certain areas or features of the Sites, you will need to register for a KaleCart account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a KaleCart account, you also consent to receive electronic communications from KaleCart (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Terms of Sale
4.1. Meal Subscriptions; Continuous Subscriptions; Cancellation Policy
Meal Subscriptions. We offer different subscription plans for our meal ingredients (each, a “Meal Subscription”). The number of meals you receive and the amount you are charged may vary from week to week depending on the dietary preferences you select. For example, we may provide you with greater flexibility to choose the number of meals you receive each week. If your Meal Subscription changes, the applicable weekly Meal Subscription price may also change. Changes to your Meal Subscription, or other choices you may make (such as the number of meals you receive), may also result in changes to any applicable shipping and handling charges and meal delivery times. If we change the prices or other charges associated with our various Meal Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our Sites. The fees for the Meal Subscriptions can be found on your Plan Settings page and may be subject to change in the future. For more information about our Meal Subscriptions, please visit the FAQs.
Continuous Subscriptions. WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) KaleCart (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED ON YOUR UPCOMING PAGE.
Cancellation Policy. YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY CONTACTING CUSTOMER SUPPORT.
In the event you cancel your Meal Subscription, please note that we may still send you promotional communications about KaleCart or Sexy Lunch Club, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
5. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KaleCart AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
5.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and KaleCart agree (a) to waive your and KaleCart’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and KaleCart’s respective rights to a jury trial. Instead, you and KaleCart agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
5.2. No Class Arbitrations, Class Actions or Representative Actions
You and KaleCart agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and KaleCart and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and KaleCart agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and KaleCart agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
5.3. Federal Arbitration Act
You and KaleCart agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
5.4. Notice; Informal Dispute Resolution
You and KaleCart agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to KaleCart shall be sent by certified mail or courier to KaleCart, LLC, Attn: General Counsel, 5 Crosby Street, New York, NY 10013. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your KaleCart account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and KaleCart cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or KaleCart may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.