This Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the meal delivery services (the "Services") being offered at the URL: http://www.milkimchi.com (known as Mother-in-Law’s site) operated solely by Mother-in-Law’s LLC. As used in this Agreement, "Mother-in-Law’s" refers to Mother-in-Law’s LLC and "USER" or "you" refers to you. USE OF THE SERVICES AND THE MOTHER-IN-LAW’S SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT.
Mother-in-Law’s may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the Mother-in-Law’s Site after a change in this Agreement, a change in the Privacy Policy, or after implementation of any other new policy constitutes acceptance of such change or policy.
CONTACT INFORMATION: You may contact us by emailing info@milkimchi.com or by calling 1 (347) 746-6161 or by writing to:
Customer Service
Milkimchi Inc
PO Box 8517
Long Island City, NY 11101
1. Contracting Party
Your contract will be fulfilled by Mother-in-Law’s, a company registered in New York whose registered office is at PO Box 8517, Long Island City, NY 11101 together with its agents and sub-contractors.
2. When the contract is formed
When you click "Submit Order" to submit your order on-line, or you email, fax, post or telephone us with details of your order, you are making an offer, if accepted by us, will result in a binding contract.
You will receive a written confirmation by email within 1 day of submitting your order. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an invalid email address.
We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorization by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your payment as soon as reasonably practicable.
3. Right to refuse orders
We reserve the right not to fulfill and to cancel orders:
3.1
in the event of inaccuracies in Mother-in-Law’s prices, except that we may fulfill your order at the correct price;
3.2
if we are unable to obtain payment authorization from the issuer of your payment card;
3.3
in the event that we are unable to fulfill your dietary requirements;
3.4
in the event that we do not provide delivery coverage to your designated delivery address;
3.5
in the event that we are unable to fulfill any of your other requirements, including, but not limited to, dietary requirements.
4. User’s Responsibilities
As a User, you have the following responsibilities:
4.1
Provide a complete and accurate address
4.2
Pay for the services and other associated charges
4.3
Provide any request for meal substitutions or dietary requirements at least 2 days in advance of your first delivery.
5. Delivery & Pick-up
We will deliver your order to the delivery address you specify when you place your order. Allow up to 7 days for the start of the delivery after submitting the sign-up form. You agree that we will not be responsible for failure to deliver the order if no one is available at the address to receive the delivery, and that you will not receive any credit for such an occurrence. You will be responsible for ensuring the orders are kept cold until consumption upon delivery of the cooler.
5.1
Changes to Delivery Address –If you need to change the delivery address, you must give us at least 7 days’ notice for the change to be effective.
5.2
Delivery customizations – As the deliveries are fulfilled by a third party carrier, we will not be able to fulfill any special delivery instructions (e.g. specific delivery timeframes) which are not provided by the third party carrier.
5.2
Pick-up – If you have chosen to pick up the food at one of our designated locations, you have full responsibility to ensure that the food is picked up in a timely fashion. You will be charged in full even if you do not pick up the food for any reason, or if you pick up the food after the scheduled pick-up date.
5.2
Packaging materials –Mother-in-Law’s is not responsible for the disposal of your packaging materials. In areas where we are able to offer pick-ups of the coolers, we will schedule and offer pick-up of the materials.
6. Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of orders in the following circumstances:
6.1
where the issuer of your payment card refuses to authorize payment to us;
6.2
where you have provided us with an incorrect address;
6.3
where no one is around to sign for the package in an area that the third party carrier is unable to leave the package unattended;
6.4
where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labor disputes or malicious damage involving the employees of Mother-in-Law’s.
7. Cancellations, Reschedules and Refunds
7.1
Notice of Cancellation - You may cancel your services by contacting a Mother-in-Law’s representative via email or on the phone. In order to receive a full refund, your cancellation request must be received by a Mother-in-Law’s representative at least three (3) full working days before your first delivery.
7.2
Any cancellation notice received less than three (3) full working days in advance of the program start will not be eligible for refund.
7.3
All refunds will be reimbursed in the method of payment received.
8. Price Information
Prices displayed on the Mother-in-Law’s site will prevail at all times in relation to orders placed online. Prices quoted on screen include taxes (where applicable). Delivery charges will be specified online according to geographical areas
Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
9. Payment
If you have a question about your bill, please contact us using the details provided at the top of these Terms.
10. Privacy Policy
Mother-in-Law’s is committed to safeguarding your privacy online. Please review our privacy policy.
We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) you supply to us in order to fulfill your subscription order.
On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should check the relevant boxes to indicate whether or not you wish to receive such information.
11. Email Policy
You may receive periodic emails from Mother-in-Law’s if you opted to receive such emails at the time of registration with the Mother-in-Law’s Site. If you would rather not receive email from Mother-in-Law’s, please send an email to info@milkimchi.com and you will be removed from further mailings. You acknowledge and agree, however, that you will still receive emails related to your meal service, including but not limited to service confirmation emails, skip delivery confirmation emails, delivery address change confirmation emails, details update confirmation emails, and other emails relating to services requested by you through the Mother-in-Law’s Site, even if you have opted not to receive periodic email from Mother-in-Law’s. In accordance with our Privacy Policy, we will not share any of your individual information without your prior consent.
12. No Other Grant of Rights to User
All text, graphics, video, data and any other content on the Mother-in-Law’s Site ("Mother-in-Law’s Content") is provided to you by Mother-in-Law’s for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the Mother-in-Law’s Content or any information, software, or services provided by Mother-in-Law’s hereunder. TheMother-in-Law’s Content may be modified from time to time by Mother-in-Law’s in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the Mother-in-Law’s Content by you shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Mother-in-Law’s or its licensors in the Services or Mother-in-Law’s Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Mother-in-Law’s or any third party is granted under this Agreement.
13. Liability Limitations
IN NO EVENT SHALL MOTHER-IN-LAW’S BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE ORDERS, THE MOTHER-IN-LAW’S SITE OR THE MOTHER-IN-LAW’S CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE MOTHER-IN-LAW’S SITE)
14. Disclaimer of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE MOTHER-IN-LAW’S SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE MOTHER-IN-LAW’S CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MOTHER-IN-LAW’S DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE ORDERS, THE MOTHER-IN-LAW’S SITE, THE MOTHER-IN-LAW’S CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
15. Links to Third Party Sites
The Mother-in-Law’s Site may contain hypertext links to Web sites operated by parties other than Mother-in-Law’s. Such hypertext links are provided for your reference only and Mother-in-Law’s does not control such Web sites and is not responsible for their content. Mother-in-Law’s's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
16. Severability
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
17. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you, but may be so transferred, assigned or delegated by Mother-in-Law’s without your consent.
18. Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
19. Jurisdiction
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Queens County.