Terms and Conditions

TERRA’S KITCHEN TERMS AND CONDITIONS

Welcome to Terra’s Kitchen, or “TK” for short.

Below are our “Terms and Conditions.”  Please take the time to read them.  Please do the same for our Privacy Policy.  They govern your relationship with Terra’s Kitchen, LLC. 

REALLY IMPORTANT LEGAL STUFF

1. THIS IS A REAL CONTRACT. These are the Terms and Conditions that govern your use of our website (the “Site”), all purchases of TK meal delivery services (the “Products”), and any other interactions between us.  (The Agreement refers to all of those collectively as “the Services.”)   If you use any of the Services, you are agreeing to enter into a binding agreement with us, just as if you and TK had signed a contract. 

2. WE MAY AMEND THE AGREEMENT. TK reserves the right to amend the Terms and Conditions at any time.  So, if we publish changes, and then you use the Services, you are agreeing to the new Terms and Conditions.  You’re responsible for staying up to date, so please check this page (and our Privacy Policy) from time to time.  If you do not agree to any changes to the Terms and Conditions, you have to stop using the Services. 

3. IF WE HAVE A BAD BREAK UP, YOU HAVE TO ARBITRATE SOLO. These Terms and Conditions dictate how we’ll settle any disputes.  Specifically, and very importantly, you are agreeing to exclusively use binding arbitration on an individual basis to resolve disputes.  That means no jury trials, and no class actions.

4. TK’S LIABILITY IS LIMITED TO WHAT YOU’VE PAID. In the event of a dispute, to the extent legally permitted, our liability to you is limited to the amount you have paid to TK. 

5. SO, WE HAVE A DEAL?  If you keep going and use the Services — even just browsing the Site — you agree to comply with and be bound by all of these Terms and Conditions and our Privacy Policy.  If you don’t agree, we’re sad to say that you can’t use any of the Services. 

6. TALK TO ME, GOOSE. If you have any questions about the Terms and Conditions, or if you just want to chat, you can call us at 844-485-FOOD (3663), or email customercare@tk.co.

SERIOUS STUFF (FOOD SAFETY)

7. ALLERGIES – ALL EIGHT!  We store, prep, and package our food in facilities that handle all eight of the big food allergens (wheat, milk, egg, soy, fish, shellfish, peanuts, and treenuts).

7.1.    We try hard to avoid it, but cross-contamination is possible for all of our food.  If you have moderate or severe allergies to any of those foods, you should not order our Products. 

7.2.    Also, due to availability and our high (like, really high) freshness standards, we sometimes have to substitute a similar food item for one that becomes unavailable.  Substituted food items may contain different ingredients and allergens.  Please be sure to carefully check all individual Product packages and the Site for the most up-to-date information.   If you are not satisfied with a substitution, please contact us at customercare@tk.co.

8. AFTER DELIVERY, FOOD SAFETY IS ON YOU.  By using our Services, you are verifying that you’re at least 18 and residing in the US.  That means — at least legally speaking — that you’re a responsible grown-up.  Since you’ve managed to stay alive to this point, TK (and the law) assumes that you can inspect food, put it in the refrigerator, wash it, and safely prepare and cook it.   You should do all of those things.  But, if you don’t, it’s on you. 

9. WE’RE NOT YOUR DOCTOR. Nothing on this Site is medical advice.  No information that TK provides is ever meant to be taken as medical advice.  Seriously, do not make any health decisions based on anything on this Site, or any articles or information linked to from this Site.  As a general rule, it’s probably best not to make life decisions based on what you read on the internet.  Talk to your doctor before changing your eating or exercise habits. 

10. NUTRITIONAL INFO =/= GUARANTEE.  TK provides nutritional information for informational purposes only.  It is not guaranteed to be accurate.  In fact, assume it’s not accurate.  Especially for allergens, which could be present through cross-contamination.  You may not rely on nutritional information that we provide, and TK is not responsible for any loss or damage that occurs if you do.  You are responsible for ensuring that whatever foods you purchase, prepare, and consume meet any dietary restrictions.

TERMS OF SALE

11. YES, THE VESSEL IS AWESOME.  NO, YOU MAY NOT KEEP IT.

11.1.  We’ve teamed up with FreshRealm, LLC to deliver our Products, in their amazing cube (the “Vessel”). The Vessel is awesome is because it’s reusable, but that only works if you let us have it back. 

11.2.  Best Option:  Put the Vessel outside the next day after you receive it, and we’ll pick it up automatically. 

11.3.  If you miss the best option, it would be great if you let us pick up the Vessel in the first week.  But, we’ll give you TWO WEEKS because we like you so much.  Any longer —even though we hate them as much as you do — and we have to start charging late fees. 

11.4.  Late Fees:  We charge $20.00 for the third week, and then $45.00 per week for the next four weeks ($200 total).  There are no refunds or credits for the late fees, even if you eventually return the Vessel. 

11.5. Just so we’re clear:

  • Delivery.  (Let’s use Saturday, July 4th as an example)
  • Day 1:  Brownie Points [Note:  not redeemable for actual brownies]
  • Day 14:  Just made it.  (Vessel picked up on Saturday, July 18th)
  • Day 15:  $20 charge.  (Sunday, July 25th – ship sailed by missing Sat. pickup)
  • Day 22:  $45 charge.  (Sunday, August 1st)
  • Day 29:  $45 charge.  (Sunday, August 8th)
  • Day 36:  $45 charge.  [You do realize that we’ll send you another one, right?]
  • Day 43:  $45 charge.  [And now your mom’s disappointed]

11.6. Please don’t make us charge late fees.  They’re the worst.   

12. PAYMENT AND BILLING

12.1. All Products remain property of TK until full payment is made.  Shipping costs and payment fees are recognized before confirming the purchase.  The price applicable is the price displayed on the final confirmation page. 

12.2. All transactions through the Site are handled and transacted by a third party payment processer.  Please read their terms and conditions as they govern the credit card transaction.  If your payment method fails, we may cancel or suspend your Order. 

12.3. You acknowledge that the amount billed may vary due to promotional offers, changes to your Order, or changes in applicable taxes or other charges, and you authorize us to charge your payment method for the corresponding amount.  You also authorize us to charge your card for any Late Fees for the Vessel. 

12.4 Subscriptions

Meal Subscriptions. We offer different subscription plans for our meal ingredients (each, a “Meal Subscription”).  These subscriptions are automatic recurring weekly meal delivery services.   Each week (excluding those you choose to skip in accordance with the Agreement) you will receive a package from TK including the contents of your chosen Meal Subscription (each a “Delivery”).  You may make changes to or skip a Delivery by visiting your account page and following the instructions therein.  For more information about our Meal Subscriptions, please visit the How It Works page on our website and our FAQs. Note that we do not currently deliver to every address or zip code, so please visit our Homepage page to see if we deliver to your area.

 

Continuous Subscriptions. WHEN YOU REGISTER FOR OUR MEAL SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR MEAL SUBSCRIPTION OR THE CONTENTS OF A PARTICULAR DELIVERY) YOU EXPRESSLY AUTHORIZE AND AGREE THAT TK AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT ON A WEEKLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR MEAL SUBSCRIPTION, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “SUBSCRIPTION RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE TK MEAL SUBSCRIPTION SERVICE, EXCEPT ON WEEKS YOU CHOOSE TO SKIP PRIOR TO THE CUTOFF TIME (AS DEFINED BELOW) OR UNLESS YOU CANCEL YOUR TK SUBSCRIPTION SERVICE IN ACCORDANCE WITH THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT TK WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL TK PRODUCTS OR OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR MEAL SUBSCRIPTION, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE TK MEAL SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT TK IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.

Changing, Cancelling & Otherwise Modifying Your Meal Subscription or a Delivery. You may skip a week at any time in accordance with the Agreement by visiting your Account page and following the instructions located therein, or by contacting us at customercare@tk.co or call 844-485-FOOD (3663). You may cancel your Meal Subscription at any time by visiting your Account page and following the instructions located therein, or by contacting us at customercare@tk.co or call 844-485-FOOD (3663). Changes to, or cancellations of, your Meal Subscription, or requests to change or skip any weekly Delivery, must be received by TK by before the applicable deadline, which can be found in the “Your Weekly Delivery & Menu Reminder” email notice delivered each week, in order to take effect prior to the next scheduled Delivery (the “Cut Off Time”). The Cut Off Time is generally 6 or 7 days prior to your next scheduled delivery depending on the required transit time (1 or 2 day shipping) of your delivery. If you do not submit such cancellation, skip or change request before the Cut Off Time, your weekly Delivery will be shipped and you will be charged your Subscription Rate as provided in the Agreement, and if you requested to change or cancel your Meal Subscription, such change will not take effect until the week following your next weekly Delivery.

In the event you cancel your Meal Subscription, please note that we may still send you promotional communications about TK or our products, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

13. PRODUCT SUBSTITUTIONS

We only ship out fresh foods that meet our standards.  And we have high standards, which means that sometimes an ingredient might no longer meet our standards or be available when it’s time to ship your Products.  If that happens, and we have another item that we think is a good replacement, we will make a substitution.  If you disagree and aren’t happy with the replacement, you may contact us for a partial refund or credit for that item. 

14. SHIPPING TIMES

Any shipping times that we provide are estimates only.

15. ASSUMPTION OF RISK (MORE FOOD SAFETY)

15.1. Risk passes to you upon delivery.  You agree that risk passes to you upon delivery, even if signed for by someone else who is authorized to receive packages for you.  Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery

15.2. Seriously, you are solely responsible for everything from delivery to pickup of the Vessel.  If you have the Vessel, you have the responsibility.  That includes inspecting all Products for freshness and food safety.  If you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at customercare@tk.co and discard the item. You are also solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products.

15.3. Some recommendations: We strongly suggest that you follow all USDA guidelines and instructions, such as immediately refrigerating all perishable items in accordance with USDA guidelines, and using a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees Fahrenheit for whole meats; 145 degrees Fahrenheit for seafood).

15.4. If you are not at home when your delivery arrives, the shipper will generally leave the package for you at your door. FreshRealm packages the Vessel to remain cold and fresh for several hours beyond the delivery time under most conditions.  But please use common sense.  If you live in a place like Phoenix, the surface of the sun, or Riverside in the summer, you should plan ahead to avoid having the Vessel sit outside.  The Vessel is awesome, but as far as we know, it is not in fact a magical box. 

16. CANCELLATION DEADLINE

16.1. We realize that stuff happens.  If you need to cancel, you may do so up to the following Cancellation Deadlines in section 12.4. Subscriptions.  At that point, the ship has sailed, and late cancellation will not prevent a charge for the full purchase price. 

16.2. Stuff happens for us too.  Bad weather (or other conditions outside our control) may prevent us from delivering Products as scheduled, and you agree that we are not liable if that happens.  If the delay is significant, we will attempt to notify you of the updated delivery schedule.  If we have to cancel your order, we will issue a full refund or credit.

17. SATISFACTION GUARANTEE

All of our meals and Products are backed by a 100% customer satisfaction guarantee.  If you are dissatisfied with a meal and/or Product for any reason, please contact us at 844-485-FOOD (3663) or customercare@tk.co within (7) business days after delivery, and we will issue a full or partial refund or credit voucher for that meal, meal ingredient, or Product.  Credit-refunds are issued back to the original method of payment less any delivery fees. We may require the return or photographic documentation of any meal ingredient or Product with which you are dissatisfied before providing any refund or credit voucher. 

18. TAKE US OR LEAVE US

[please take us].

We try hard to please you and your exquisite palette, but we can’t promise to be perfect.  Okay, here goes:  OUR MEAL SERVICE, THIS SITE, AND ALL OTHER SERVICES, ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY LAW, TK DISCLAIMS ALL REPRESENATIONS AND WARRANTIES OF ANY KIND, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS.  NEITHER TK NOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY COMMITMENTS, WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

SOME OF YOUR OBLIGATIONS

19.. BE NICE TO PEOPLE

19.1. You’re a nice person, or at least we think you are.  Either way, you agree to be nice to TK people (our personnel, partners, and other customers).  That means no harassing or threatening anyone, or making comments that are offensive, discriminatory, demeaning, insulting, or abusive. 

19.2. You agree to be honest and not to lie to us.  Don’t create an account with false information, log in with another customer’s account, tell us that Santa exists [unless he really does], or do anything else that you wouldn’t do if you knew Santa was watching [he is].

19.3. You agree not to use the Site in any manner that could interfere with or inhibit other users from fully enjoying the Site; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access; use any robot, spider, scraper or similar function to extract data; circumvent the robots.txt file that controls automated access to the Site; or use the Site for anything illegal or unauthorized. 

19.4. You agree to be solely responsible for your own conduct and for the security of your username and password for your TK account.  You also agree not to violate any law or any right of TK, FreshRealm, any other TK partner or affiliate, any other TK customer, or any third party in using the Services.  That includes IP rights.  Speaking of IP rights,

INTELLECTUAL PROPERTY

20. PRIVACY. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Services.  By using the Services, you agree that TK may use such data in accordance with our Privacy Policy. 

21. DMCA TAKEDOWN NOTICES. We respond to notices of alleged copyright infringement and may terminate the accounts of in accordance with the US Digital Millenium Copyright Act.  If you think someone is violating your copyright on the Site and want to notify us, please submit the appropriate notice customercare@tk.co, subject line DMCA TAKEDOWN NOTICE. 

22. USING THE SERVICES. You are granted a limited, non-assignable, non-exclusive, and freely revocable license to use the Site and underlying intellectual property (“IP”), all of which is owned by TK, FreshRealm, or another TK partner or affiliate.  That license is for the sole purpose of enabling you to use the Services as provided by TK and its partners, and only in the manner permitted by these Terms and Conditions.  You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Services or the IP. 

23. USER CONTENT

23.1. The Services allow you to create content (“User Content”).  If you share User Content, you bear sole responsibility for it, and you guarantee that you have all legal rights necessary to share it. 

23.2. You retain ownership of your User Content.  But, and this is a big BUT, if you share your User Content with us — even if it’s indirectly through social media platforms like Friendster or Classmates.com — you grant us the broadest possible license.  Specifically, you agree to grant TK an unlimited, irrecovable, and royalty-free license that includes any and all rights and abilities that are you are legally able to convey.  That includes anything that you would be able to do with the User Content yourself. 

23.3. For example, we might use your comment or feedback along with your name in our advertising on TV or online.  We might plaster it on a giant billboard right outside of your apartment (which will probably be quite the surprise, since you agree that we don’t have to provide notice).  We might even boom it out to our tweeter friends.   

23.4. TK is not responsible or liable for any User Content. However, we retain absolute discretion to remove, screen or edit all User Content at any time and for any reason.  

24. THIRD PARTY CONTENT

We may display, promote, or send content or products from third parties (“Third Party Content”).  We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content.  If you leave the Site through a hyperlink, you should be aware that these Terms and Conditions will no longer apply.   

DISPUTE RESOLUTION

25. WE AGREE TO ARBITRATE IN OUR INDIVIDUAL CAPACITY

25.1. If we have a dispute that we cannot resolve, both you and TK agree to resolve all claims through exclusively through binding arbitration, in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of your residence. 

25.2. When providing Notice of Intent to Arbitrate, the party initiating arbitration shall provide three potential arbitrators, and the other party shall select the arbitrator from those three.   

25.3. The decision of the arbitrator shall be final and binding.  If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator.

25.4. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding.

25.5. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.  

26. LIMITATION OF LIABILITY.

TO THE EXTENT LEGALLY PERMITTED, THE TOTAL LIABILITY OF TK, AND TK’S PARTNERS AND AFFILIATES, FOR ALL CLAIMS BY YOU, INCLUDING FOR ANY IMPLIED WARRANTEIS, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO TK FOR THE SERVICES.  TK, AND TK’S PARTNERS AND AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, FINANCIAL LOSSES, OR LOSS OF DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  IN SUM, ONLY ACTUAL DAMAGES THAT WERE REASONABLY FORESEEABLE, AND ONLY UP TO THE AMOUNT THAT YOU HAVE PAID TO TK FOR THE SERVICES. 

27. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TK from any and all actual or threatened claims, including attorney’s fees and costs, that arise in connection with a violation of the Agreement by you or through use of your account.

MISCELLANEOUS

28. TERMINATION.  Even though this Agreement is binding, our relationship is voluntary.  Either party may terminate the Agreement at any time and for any reason by providing written notice to the other party.  Upon termination by either party, you agree that TK may charge your credit card for any outstanding fees or charges already incurred, and for any Late Fees. In addition, you remain responsible for any charges by third-party vendors or content providers prior to your cancelation.

29. MARYLAND RULES (Crabcakes, Football, and this Agreement).  Maryland law, excluding conflict of laws rules, shall govern the interpretation of this Agreement and any dispute arising out of this Agreement or the Services. 

30. NOTICES

30.1. When we provide notice to you, including when we make changes to this Agreement, we will provide notice through a posting on the Site, via e-mail, or through regular mail to the address you provided.  You agree in advance that such notice is legally effective.

30.2. You may provide legal notice to TK via conventional mail to Terra’s Kitchen LLC, Customer Care, 829 7th Street NW, Washington, DC 20001, or via e-mail at legalnotice@tk.co.  For termination, you may also provide notice by completing the procedure to deactivate your account. 

31. NO WAIVER. Failure to enforce any provision shall not be construed as a waiver of any provision or right.

32. JUST US. This Agreement governs the relationship between you and TK.  It does not create any third-party beneficiary rights.

33. SURVIVOR I. If it turns out that a particular term is invalid or unenforceable, that will not affect any other term.

34. SURVIVOR II. Even if we break up and you stop using the Services, the duties and obligations that arose under this Agreement survive. 

35. BINDING ON SUCCESSORS. This Agreement is binding on each party’s successors and assignees. 

36. ASSIGNMENT. You may not transfer or assign the Agreement without our prior written consent.  We may transfer or assign this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.

37. HEADINGS AND CAPTIONS. The headings and captions in this Agreement are for convenience only, and they do not constitute part of the Agreement.  That said, we do hope you enjoyed them. 

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