Welcome to Terra’s Kitchen, or “TK” for short.
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.
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.
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 firstname.lastname@example.org.
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 email@example.com.
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.
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.
12.4. You’re responsible for keeping your account up to date. Did your credit card expire? Update that. Move to a sweet new place at the beach? We’re jealous but still want you to update your address. (How else will we crash on the weekends?) Tell us about your life.
12.5. You may only use a promo code one time. Don’t be one of those households that creates multiple accounts.
12.6. Promo codes may only be used for meal kits and prepared food items. Promo codes cannot be used for orders of gift cards unless otherwise stated.
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 have a question about a substitution, please contact us at firstname.lastname@example.org.
14.1 Any shipping times that we provide are estimates only.
14.2. Orders with a subtotal of $100 or more qualify for free delivery. Delivery is $5.99 for orders with a subtotal under $100. A $50 minimum order is required for all deliveries.
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. 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 email@example.com 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. Our packaging is designed to keep your shipment 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 your delivery sit outside.
16.1.We realize that stuff happens. If you need to cancel your order, please contact us at firstname.lastname@example.org and we will do our best to accommodate these requests but need to evaluate them on a case by case basis. If you order, we’ll send your order. That’s what we promised you when you signed up. If that order is out for delivery and you cancel, you cannot be refunded.
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.
If you are dissatisfied with a meal and/or Product for any reason, please contact us at 844-485-FOOD (3663) or email@example.com within (7) business days after delivery to let us know. On a case by case basis, we may 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.
18.1 In certain circumstances, such , we may issue store credit of promotional value that will be automatically applied to your next eligible Order, as applicable (“Store Credit”).
18.2 Credits may only be redeemed for and applied to future deliveries from Terra’s Kitchen.Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property.
18.3 Credits only remain available if you maintain a valid Terra's Kitchen account. That means,if you cancel your Terra's Kitchen account any outstanding Credits associated with your cancelled Terra's Kitchen account will immediately expire
18.4 You may only redeem Credits after they are applied to your Terra’s Kitchen account. If for some reason you believe that there is a discrepancy regarding your Credit balance, please contact us at firstname.lastname@example.org. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
19.1 You may purchase and/or otherwise receive Gift Cards through the Site and/or App. You must create or have an existing and valid account with Terra's Kitchen in order to redeem a Gift Card. All accounts are subject to the Terms in all respects. Terra's Kitchen Gift Cards may be redeemed on the Site or on the App. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance.
19.2 Any Gift Card balance will be applied toward your purchase of Terra's Kitchen Offerings until the Gift Card is depleted.
19.3 Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Terra's Kitchen is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable.
[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.
21.1. 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.
21.2. You agree to be honest and not to lie to us. For example, don’t create an account with false information, log in with another customer’s account, try to use a coupon code several times.
21.3. 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.
21.4. 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,
22.1. Let’s talk about email privacy specifically, okay? Giving us your email helps us do awesome things, like process your order. If you submit your email in Step 1 of the sign-up process, you’ll be added to our email list. You may also be added to that special list if you submit your email for a promotion or if you just sign up to learn more about TK.
22.2. We won’t send you junk mail! We’ll send you useful information like announcements, special offers from TK and our promotional partners along with Site and Offering updates. You can hurt our feelings and unsubscribe from these emails by following a link in the email or by contacting us at email@example.com.
23 DMCA TAKEDOWN NOTICES. We respond to notices of alleged copyright infringement and may terminate the accounts of in accordance with the US Digital Copyright Act. If you think someone is violating your copyright on the Site and want to notify us, please submit the appropriate notice firstname.lastname@example.org, subject line DMCA TAKEDOWN NOTICE.
24. 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.
25.1. 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.
25.2. 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.
25.3. 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.
25.4. 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.
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.
27. WE AGREE TO ARBITRATE IN OUR INDIVIDUAL CAPACITY
27.1. 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.
27.3. 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.
27.4. 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.
27.5. 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.
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.
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.
30. 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.
31. MARYLAND RULES 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.
32.1. 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.
32.2. 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 email@example.com. For termination, you may also provide notice by completing the procedure to deactivate your account.
33. NO WAIVER. Failure to enforce any provision shall not be construed as a waiver of any provision or right.
34. JUST US. This Agreement governs the relationship between you and TK. It does not create any third-party beneficiary rights.
35. SURVIVOR I. If it turns out that a particular term is invalid or unenforceable, that will not affect any other term.
36. SURVIVOR II. Even if we break up and you stop using the Services, the duties and obligations that arose under this Agreement survive.
37. BINDING ON SUCCESSORS. This Agreement is binding on each party’s successors and assignees.
38. 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.
39. 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.