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IF YOU DO NOT CONSENT TO BE BOUND BY THESE TERMS, YOU MAY NOT GAIN ACCESS TO OR USAGE THIS SITE, THE APP, OR THE OFFERINGS (AS DEFINED BELOW). IF YOU SUBSCRIBE TO THE SERVICE (AS DEFINED IN SECTION 5 LISTED BELOW) FOR A TERM, THEN THE TERMS WILL BE AUTOMATICALLY RESTORED FOR ADDITIONAL PERIODS OF THE VERY SAME DURATION AS THE INITIAL TERM AT HELLOFRESH’S CURRENT COST FOR SUCH SERVICES UNLESS YOU DECREASE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH SECTIONS 5.2 AND 10.3 BELOW.
IN PARTICULAR, IT INCLUDES AN ARBITRATION CONTRACT WHICH WILL, WITH LIMITED EXCEPTIONS, NEED DISPUTES BETWEEN United States TO BE SUBMITTED TO BINDING AND LAST ARBITRATION. UNLESS YOU PULL OUT OF THE ARBITRATION ARRANGEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR DECLARES AND SEEK RELIEF VERSUS United States ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR AGENT ACTION OR CASE; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. Please keep in mind that the Site, App, the excellent or service provided through the Site and/or App, consisting of, however not restricted to the Membership Service (as defined in Section 5.1) (“Products”), the text, audio, video, graphics, or other content included on the Site or App (“Content”); present cards or gift certificates (including, for the functions of these Terms, electronic variations of both) (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotionsand the trial offers, sweepstakes, contests, or promos (“Coupons”, as defined in Area 9).
If the Terms are inconsistent with the Supplemental Terms, these Terms will manage. The Terms and any appropriate Supplemental Terms are described herein as the “Arrangement.” AS FURTHER EXPLAINED IN AREA 3, PLEASE KEEP IN MIND THAT THE AGREEMENT UNDERGOES CHANGE BY HELLOFRESH IN ITS SOLE DISCRETION AT ANY TIME.
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We will also update the “Last Upgraded” date at the top of the Terms. If you do not concur to any change(s) you will stop using the Website, the App and/or the Offerings. Otherwise, your continued use of the Site, the App and/or Offerings constitutes your approval of such change(s).
Grocery Delivery E-Services U.S.A., Inc., d/b/a Hey there Fresh, is a basic corporation included in the State of Delaware with basic business offices at: 28 Liberty Street, 10th floor New york city, NY 10005 The Site, the App, and Offerings, are meant for use by people in the United States of America (“Serviced Nations”).
As such, by putting an order through our Site or App, you represent and warrant that you: (1) Are lawfully efficient in participating in this Agreement; (2) Are at least 18 years old; (3) Are a local of a Serviced Nation; and (4) Are accessing the Site or App from a Serviced Nation.
4.1 Registering Your Account. In order to utilize specific functions on the Website and App, people will need to become a Registered User. For purposes of the Arrangement, a “Registered User” is a user who has actually registered an account on the Website (“Account”) or has a legitimate account on the social networking service (“SNS”) through which the user has linked to the Website (each such account, a “Third-Party Account”). By giving Hey there Fresh access to any Third-Party Accounts, you understand that Hello Fresh may access, offer and shop (if appropriate) any info, data, text, software application, music, sound, photos, graphics, video, messages, tags and/or other materials available through the Site or App that you have actually offered to and stored in your Third-Party Account (” SNS Content”) so that it is offered on and through the Website or App through your Account.
Depending upon the Third-Party Accounts, you choose and subject to the privacy settings that you have embeded in such Third-Party Accounts, personally identifiable details that you post to your Third-Party Accounts might be available on and through your Account on the Site and/or App. Please note that if a Third-Party Account or associated service becomes unavailable or Hey there Fresh’s access to such Third-Party Account is terminated by the third-party service company, then SNS Content will no longer be readily available on and through the Website and/or App.
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PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT( S) WITH SUCH THIRD-PARTY COMPANY, AND HELLOFRESH DISCLAIMS ANY LIABILITY FOR PERSONALLY RECOGNIZABLE DETAILS THAT MIGHT BE SUPPLIED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PERSONAL PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
4.3 Registration Data. Must you develop an account with Hey there Fresh, you accept: (1) offer true, accurate, complete and up-to- date info, as well as upgrading the details as essential; (2) maintain the security of your password and accept the risks connected with access to your account which is not licensed by you; (3) inform us as quickly as possible either at [email protected] or call (646) 846-3663 if you believe there have been any breaches to the security of the Site, the App, or your account info; and (4) exit from your Account at the end of each session.
You are accountable for all activities that take place under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full obligation for any unauthorized use of the Website and App by minors. You may not share your Account or password with anybody If you supply any details that is false, incorrect, not present or incomplete, or Hello Fresh has sensible grounds to think that any info you supply is false, inaccurate, not present or insufficient, Hello Fresh deserves to suspend or terminate your Account and decline any and all existing or future usage of Website, App, or Offerings (or any part thereof).
You agree that you shall not have more than one Account per platform or SNS at any provided time. Hi Fresh reserves the right to remove or recover any usernames at any time and for any reason. You concur not to develop an Account or use the Website or App if you have actually been previously eliminated by Hi Fresh, or if you have actually been previously banned from any the Site or App.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND UTILIZE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH GAIN ACCESS TO TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT RESTRICTION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL RESPONSIBILITIES (INCLUDING, WITHOUT RESTRICTION, FINANCIAL RESPONSIBILITIES) SUSTAINED THROUGH SUCH GAIN ACCESS TO OR USE.