The following Terms apply to the sale and consumption of The Mulk Co`s products. By accessing or using this web site, our mobile platforms or blog (collectively, the “Sites”) provided by The Mulk Co (collectively, The Mulk Co, “we,” “us,” or “our,”) you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Sites to order, receive or use products made available through the Sites (collectively, the “Products”).
By visiting The Mulk Co`s Site or sending us emails, you consent to receive electronic communication. You agree that all agreements, notices, disclosures and communication that`s provided electronically satisfy any and all legal requirements that such communications be in writing.
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 The Mulk Co 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.
Registration, Account and Communication Preferences
To purchase products from The Mulk Co Site, you will need to register to create an account. By doing so, you agree to (a) provide current, complete and accurate purchase and account information for all purchases made at our store (b) agree to promptly update and maintain your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and you agree to accept responsibility for all activities that occur under your account or password and (d) will immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
When you create an account, you will be asked to provide a telephone or cellular number. By providing your home and/or your cellular telephone number, you agree to receive auto, pre-recorded calls and automated text messages from or on behalf of The Mulk Co regarding important information about your delivery, our service or your account, and to provide special offers or announce promotions.
By creating an account on our Site, you also consent to receiving electronic communication from The Mulk Co and are part of your relationship with us. These communications might include notices about your account or related to the delivery of your order. You agree that any communication sent to you electronically satisfy any legal communication requirements, including but not limited to, that such communications be in writing. You should maintain these copies by saving them electronically or printing them. We may also send you promotional communications on our Sites 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 by unsubscribing according to the instructions provided therein.
TERMS OF SALE
Cancellation and Refund Policy
To cancel your subscription or order, please email firstname.lastname@example.org two days prior to your delivery date (by midnight, on Wednesday). Any subscription or order that has a delivery date within this two-day window, has been processed and cannot be cancelled, and you will be responsible for all charges due. Gift card purchases and Mulk Merch cannot be returned or exchanged.
In the event of cancellation, you will still receive promotional emails from The Mulk Co unless you opt out of subscription at the bottom of the email by following the unsubscribe instructions.
Returns and Replacements
Mulk is a fresh product and is therefore highly perishable. Every batch is made-to-order. As a result, we do not accept returns, nor exchanges. Replacements will only be approved under certain, limited circumstances. To request a replacement, requests need to be made within seven (7) days of receiving the product. Please email your order confirmation and description of the issue to email@example.com.
Payment and Billing information
By providing credit card or other another accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase or subscription (including applicable taxes and other charges). If the payment method cannot be verified, is invalid or otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update your payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription, changes to The Mulk Co`s pricing, changes in applicable taxes or other charges, and you further authorize The Mulk Co (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain Products without prior notice.
Mulk is a fresh product. Like any raw, perishable product, Mulk needs to be stored at a controlled temperature, which must be 40 °F or less. Delivery is between 8am – 5pm. Please plan accordingly and leave out a cooler with ample ice and ice-packs on the morning of delivery. During the hot, summer months, you will need to use extra ice and ice-packs. If you do not have ice and ice-packs and/or a cooler, as an added service, you can add these items to your cart upon checkout.
The condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, use and consumption of the Products following delivery. Failure to follow safe food handling practices and temperature control may increase the risk of foodborne illness for which you are solely liable.
You are not permitted to resale or otherwise use the Products for commercial purposes.
The Mulk Co and its associates attempt to be as accurate as possible. However, we do not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. If a product offered by The Mulk Co is not as described, your sole remedy is to return it in an unused condition.
SUBSCRIPTION TERMS AND CONDITIONS
The Mulk Co (“The Mulk Co.,” “we,” “our,” or “us”) is pleased to offer a Subscription Program for its Products. When you enroll in a Subscription Program for any Mulk Co product (Collectively, the “Product” or “Products”), the following Terms and Conditions apply:
To enter into the Subscription program, you must create an account and have a valid email address, credit and/or debit card and delivery address.
Subscription order placement
When you place a Subscription Program order, The Mulk Co will automatically deliver your order on the same day weekly, bi-weekly or monthly (depending on the frequency cycle that you opt in to).
Subscription order amount
The final total of your order will include sales tax (if applicable), shipping and handling costs and any discount coupons which can only be applied to your first month`s subscription order.
Subscription order payment
The form of payment you choose to use when initially placing your Subscription Program order will be charged until you cancel or modify your payment information. If your credit card is declined, your order will not be placed and you will be notified to update it to process the order. To update your credit card information, you can go into “My Account” section, click on the “Edit” link next to the last four digits of your credit card on the desired Subscription Program. Credit Card and Debit Card payment will be the only valid, accepted forms of payment for the Subscription Program. Store Credit, Gift Certificates, PayPal, Checks and Bill Me Later will not be accepted. Products available in the Subscription Program are based on current price. Item prices are not locked in and are subject to change.
Subscription order notification
A Subscription Program confirmation email will be sent after each Subscription Program order is processed and shipped. Once a Subscription Program order is scheduled, no emails will be sent before subsequent Subscription Program order shipments are processed.
Frequency of subscription orders
The initial Subscription Program period is roughly 30 days, with the same order being shipped on the same day of every month as your initial order. If this date falls on a Sunday or Holiday, it will be processed on the next business day. If your order falls on a date that the following month does not have (example: 31st), your order will be processed on the next business day.
Changing subscription program orders
Subscription Program shipments will be of the same Product or Products ordered during the initial Subscription Program shipment. You may change the Product or Products received as part of your Subscription Program at any time by logging into your account, going to your “My Account” section, and clicking “Update subscription.” You may also email us at firstname.lastname@example.org with your name, Subscription Program number, and the desired Product or Products change. Pricing may change depending on the changes to the Subscription Program order Product or Products.
Postponing your subscription program
If you would like to postpone your subscription, you can do so anywhere from 1 to 8 weeks by logging into your account, going to your “My Account” section, and clicking “Postpone shipment”. You can also email us at email@example.com with your name, Subscription Program number, and a description of which Product or Products you’d like to pause and for how long. Once the designated time has passed, your subscription will work like before. Postponing your next shipment will affect how you are billed. Once you reach your selected postponement end date, your subscription will renew and bill on a monthly basis starting on that date, unless further changes are made.
Cancellation of subscription program
You may cancel your subscription to Products offered through the Subscription Program at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by The Mulk Co.
To cancel your subscription, you may do so by:
- Through your online account by logging your account, going to your “My Account” section, and clicking “Cancel” on the desired Subscription Program.
- Emailing us at firstname.lastname@example.org. In your email you must include your name, Subscription Program number, and what Product or Products you would like to cancel. Please note that response times may exceed 48 hours.
You are hereby granted a limited, nonexclusive, nontransferable, revocable license to access and use the Sites and Content in accordance with these Terms. You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct (b) use or attempt to use another user’s account without authorization from such user and The Mulk Co (c) use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner (d) reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites (e) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access (f) develop any third-party applications that interact with User Content or the Sites without our prior written consent (g) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality or (h) use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
User Content And Communication Services
The Sites may include features that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”) and communication services such as social media, bulletin board services, blogs, forums, communities, chat areas, personal web pages, calendars, news groups, and other message or communication features designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). In the event you decide to share your User Content and Communication Services with others through the Sites or third-party platforms, you understand that this material will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for this material and for your use of any interactive features and areas of the Sites. We are not responsible or liable for any User Content or Communication Services. Although we have no obligation to screen, edit or monitor User Content and Communication Services, we reserve the right, and have absolute discretion, to remove, screen or edit materials posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any materials you post or store on the Sites at your sole cost and expense.
By using the features and areas of the Sites, you further agree not to create, post, share or store any of the following: (a) material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable (b) material that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law (c) material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (d) material that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences (e) material that impersonates, or misrepresents your affiliation with any person or entity (f) material that references or depicts The Mulk Co or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Mulk Co employee or paid blogger) (g) material that contains any unsolicited promotions, political campaigning, advertising or solicitations (h) material that contains any private or personal information of a third party without such third party’s consent (i) material that references alcohol irresponsibly, such as references to overconsumption or use by minors (j) material that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, or material that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose The Mulk Co or others to any harm or liability of any type.
A user may submit textual content (“user comments”) or picture and video content (“user video”) (collectively, “Submissions”). By submitting any Submissions to our Sites, you hereby waive any privacy expectations that you may have with respect to any such Submissions, including comments, video, photo or other data or information submitted by you.
You retain copyright in your Submissions however, by submitting materials you hereby grant The Mulk Co a worldwide, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and use in any other manner that may be hereafter developed in connection with the Sites and its affiliates, including without limitation, for promoting and redistributing part or all of the Sites in any media format and through any media channel that exist now or may be developed. You also hereby grant The Mulk Co and its affiliates a nonexclusive, irrevocable license to access your Submissions through the Website, and to use, reproduce, distribute, display, publicly perform and publish with your name such Submissions as permitted by The Mulk Co.
You agree not to submit a Submission that contains any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Mulk Co all of the license rights outlined herein. By posting a Submission, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so. You agree not to submit material that is offensive, derogatory, obscene, infringing of any third party’s rights, or contrary to local, national, and international laws and regulations.
Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Sites is proprietary to The Mulk Co or its suppliers. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws. You may not copy, distribute, reproduce, reverse engineer, participate in the transfer of sale, publicly display, publicly perform, or in any way exploit the content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose. You may display, copy and download Content from the Websites solely for your personal and noncommercial use and will make no other use of the content without an express written consent by The Mulk Co.
Third Party Content
We may display content, advertisements and promotions from third-parties through the Sites or in shipments with Products (collectively, “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, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third-parties providing Third-Party Content are solely between you and such third-parties, and that The Mulk Co is not responsible or liable in any manner for such interactions or Third-Party Content.
Limitation Of Liability, Release
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Mulk Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Mulk Co, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Mulk Co Parties”), from and against all actual or alleged The Mulk Co Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third-party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third-party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify The Mulk Co of any third-party Claims and cooperate with the The Mulk Co Parties in defending such Claims. You further agree that the The Mulk Co Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Mulk Co.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE [AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL TREE NUTS AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS]. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MULK CO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
You and The Mulk Co agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and The Mulk Co 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 The Mulk Co agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and The Mulk Co 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.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Effective as of May 5, 2020