Welcome to Kosherly! These Terms of Use (the "Terms") form a legally binding contract between you and Shabat Shalom Deliveries LLC d/b/a Kosherly ("Kosherly” "we," "our," or "us") when you access or use the Kosherly’s website located at Kosherly.us its microsites, mobile websites, mobile applications, social media platforms, and other online Kosherly Platform that we own and control or that post a link to these Terms (collectively, the “Kosherly Platform”). 

 

As you use the Kosherly Platform we want you to be clear about any rights or responsibilities that apply to you. 

 

Please read these Terms carefully before using the Kosherly Platform. These Terms also include our Privacy Policy. By using the Kosherly Platform, you agree to comply with and be bound by the Terms and all terms, policies, and guidelines incorporated and referenced herein. If you do not agree to all provisions of these Terms, do not use the Kosherly Platform.

 

Additional terms may apply if you are a participating restaurant or kosher business partner (“Restaurant”). 

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IMPORTANT: SECTION 16 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTIONS THAT AFFECT YOUR RIGHTS

 

We reserve the right to change these Terms at any time without notice. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Kosherly Platform on or after the date of such update.

 

1. THE KOSHERLY PLATFORM

 

(a) Personal Use. Unless you have a Restaurant agreement with us, you understand and agree that the Kosherly Platform is for your own non-commercial, personal, use only and you may not resell, lease, or provide them in any other way to anyone else.

 

(b) Your Interaction with Restaurants. The Kosherly Platform allows you to engage with, browse, place orders, and make purchases from participating restaurants and kosher businesses (each, a “Storefront”). Kosherly itself is not a restaurant and , all Storefronts operate independently of Kosherly and are responsible for their compliance with applicable law and regulations.

 

(c) Age Requirements. By using the Kosherly Platform, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Kosherly Platform. If we learn or suspect that an account holder is not at least 13 years of age, we will promptly suspend or delete any personal information in that account. You must be at least 18 years of age to complete purchases on or through the Kosherly Platform. Certain Storefronts may offer alcoholic beverages for purchase. If you purchase any alcoholic items through the Kosherly Platform, you represent and warrant that you are at least 21 years of age and agree to present a government-issued identification card, evidencing your age consistent with applicable legal requirements. You understand and agree that a Storefront may withhold providing you with the alcoholic beverages if you appear intoxicated or of an unlawful age. If you do not comply with these terms, you agree that the alcoholic beverage will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees.

 

(d) Intellectual Property. All trademarks, logos, service marks, trade dress, slogans, designs, content, information, materials, text, images, audio, video, computer code and software appearing on or a part of the Kosherly Platform is the property of Kosherly or its licensors. No title or ownership rights are transferred to you under these Terms and nothing herein shall be construed as a license. You may access, use, and display the Kosherly Platform without modification or alteration in any way, and only so long as you comply with these Terms. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred. All rights not expressly granted herein are reserved. 

 

2. YOUR ACCOUNT

 

(a) Account Creation/Registration. You may register for one (1) account with Kosherly. If you have been previously suspended, removed, or otherwise deactivated from using the Kosherly Platform, you may not create or register another account to use the Kosherly Platform without our prior written consent. 

 

You agree to (i) provide accurate, current and complete information in connection with your account; and (ii) maintain and promptly update your account, and any other information you provide to Kosherly. We are not responsible for any loss you suffer as a result of your not keeping your account information current. 

 

(b) Your Account Security. When you create and register your account with us, you choose a username and password, as well as, any available device authentication features. You are solely responsible for maintaining the security of such information and to supervise use of your account. You agree to notify us immediately if you suspect any unauthorized use of or access to your account. You will not share or transfer your account or password with or to anyone. We assume that anyone using the Kosherly Platform or transacting through your account is you.

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8. USER CONTENT

 

(a) Your Content. You may be able to provide responses, comments, reviews, recommendations, photographs, images, information, or suggestions and submit questions through the Kosherly Platform (collectively, “Your Content"). Any of Your Content may be displayed publicly. We may remove or alter Your Content at any time for any reason.  Regardless of whether we remove or alter Your Content, we are not liable or responsible to you in any way for the use of Your Content. You understand and acknowledge that you are responsible and assume any risk for Your Content, including the legality, reliability, accuracy, and appropriateness of such content. Your Content will become Kosherly property and may, at our sole discretion, be licensed to, transferred to, or shared with any third-party. You hereby relinquish and assign to Kosherly the worldwide, royalty free, right, title, and sublicensable license to run, use, re-use, implement, copy, display, transfer, share, and create derivative works from Your Content in whole or in part, in any form (including for commercial, promotional, or marketing purposes) including any opinions, ideas, concepts, know-how, or techniques contained therein for any purpose.

 

(b) Third-Party Content. We are also not responsible for any content by other users, Storefronts, or third-parties that may create, post, or store content, messages, or other material on the Kosherly Platform (e.g. images, audio, video, logos, menus, text, etc.) including the accuracy or quality of such content, but we may monitor the submission of such content in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party content, and you hereby release us from any and all liability relating thereto.  All third party content, including without limitation, any descriptions and images of, and references to, third-party products or content available in connection with the Kosherly Platform, advice, recommendation or opinion, offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Kosherly Platform for informational purposes only, and should not be construed to indicate that any such third party content is endorsed by us, nor is there any representation or warranty by us that the third party content is reliable, accurate, timely, complete, effective, or safe for your use. All third party content is subject to change at any time without notice.

 

9. RESTRICTIONS ON USE 

 

(a) In accessing or using the Kosherly Platforms, you agree that you will not:

 

(i) ​Transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abuse information or language;

 

(ii) ​Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

 

(iii) ​Falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;

 

(iv) ​Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

 

(v) ​Use or attempt to use another user's account;

 

(vi) ​Reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Kosherly Platform, or any portion thereof without prior written consent from Kosherly Platform, except that content on the Kosherly Platform may be viewed, reproduced, and downloaded solely for your own, non-commercial, and personal use and not shared in any way that is commercially prejudicial to or competitive with Kosherly;

 

(vii) ​Use any device, software, or routine to interfere or attempt to interfere with the proper operation of the Kosherly Platform, or attempt to probe, scan, test the vulnerability of, or breach the security of any Kosherly system or network;

 

(viii) ​Attempt to access or acquire information relating to others on the Kosherly Platform for which you do not have specific authorization or consent;

 

(ix) ​Impersonate any person or entity or otherwise misrepresent your relationship with a person or entity;

 

(x) ​Interfere with or attempt to interfere with any software making up a part of the Kosherly Platform, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;

 

(xi) ​Use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Kosherly Platform, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Kosherly Platform or any other unauthorized automated means to compile information without Kosherly’s permission, with the exception of generally available third-party web browsers;

 

(xii) ​Obtain or attempt to gain unauthorized access to other computer systems, materials information, or any Kosherly Platform available on or through the Kosherly Platform;

 

(xiii) ​Use the Kosherly Platform in any manner that could damage or overburden any Kosherly server, or any network connected to any Kosherly server, as all servers have limited capacity and are used by many people;

 

(xiv) ​Upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to Kosherly or our users’ computers and/or systems;

 

​(xv) Engage in any other conduct that restricts or inhibits any person from using or enjoying the Kosherly Platform, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;

 

(xvi) ​Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

 

(xvii) ​Violate any applicable laws or regulations.

 

(b) Unauthorized Activity. Kosherly may take any action in its sole discretion against any activity it deems unauthorized or fraudulent, including deducting some or all of your points, suspending or terminating your account, and taking any other legal or equitable action which may be available to us. Unauthorized activity includes any action that is deceptive or an attempt to gain points not in accordance with these Terms and includes, but is not limited to, creating fake receipts or accounts, submitting altered receipts, submitting receipts for purchases not made by you for personal, non-commercial use, submitting receipts in any currency other than U.S. dollars and/or buying products and returning them. You may dispute an action that Kosherly deems unauthorized by contacting us at support@kosherly.com within 30 days of your points deduction (or other action). After 30 days, you waive any right to any future claim or to dispute any decision or action by us. Any form of fraudulent or unauthorized activity is a violation of these Terms.

 

10. COPYRIGHT POLICY AND COMPLAINTS

 

Kosherly takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). 

 

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

 

If you believe that certain content on the Kosherly Platform may infringe your copyrights, we encourage you to contact our Designated Agent immediately with the following:

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• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

 

• a description of where the material that you claim is infringing is located on the Kosherly Platform;

 

• your address, telephone number, and email address;

 

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

 

• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Please address such notice with the above information to our Designated Agent at:

 

Copyright Agent

[_____________]

[____________]/ Subject line: DMCA

 

Also, please note that if you knowingly misrepresent that any activity or material on our Kosherly Platform is infringing, you may be liable to Kosherly for certain costs and damages.

 

Upon our receipt of a proper notice of claimed infringement under the DMCA we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the allegedly infringing content.

 

11. DISCLAIMER OF WARRANTIES

 

We take reasonable steps to provide the Kosherly Platform in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Kosherly Platform may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Kosherly Platform will be uninterrupted or error free or that the Kosherly Platform, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for reconstruction of any of your lost data. You are responsible for making sure Your Content is correct and current. The products that you purchase for points that may be awarded through the Kosherly Platform are not sold or endorsed by us, and we have no responsibility for them or for any loss or damage you may suffer from purchasing or using them. 

 

Kosherly is not responsible for typographical errors or omissions relating to pricing, text or photography. Kosherly is not responsible or liable for any loss or damage of any sort incurred as the result of third-party products, promotions, or advertisements on the Kosherly Platform. 

 

KOSHERLY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, LINKS, AND GRAPHICS CONTAINED ON THE KOSHERLY PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, LINKS, AND GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITATION OF THE FOREGOING, KOSHERLY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGMENT, FREEDOM FROM VIRUSES OR OTHER MALICIOUS DESRUCTIVE OR CORRUPTING CODES, AGENTS, PROGRAMS, OR MACROS, OR ERRORS, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE VIA THE KOSHERLY PLATFORM. YOUR USE OF THE KOSHERLY PLATFORM AND THE CONTENT PROVIDED ON THE KOSHERLY PLATFORM IS AT YOUR OWN RISK. KOSHERLY MAKES NO WARRANTY THAT THE KOSHERLY PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENT OF ANOTHER PERSON.

 

KOSHERLY RELIES UPON STOREFRONTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. KOSHERLY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE KOSHERLY PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITION, AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OR OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

 

12.  LIMITATION OF LIABILITY

 

KOSHERLY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "KOSHERLY PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, PUNITIVE OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, LOST OPPORTUNITIES, COSTS OF COVER, PERSONAL INJURY/WRONGFUL DEATH, UNDER ANY THEORY OR TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE KOSHERLY PLATFORM. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE KOSHERLY PLATFORM OR MATERIALS IS YOUR RIGHT TO CEASE USE OF THE KOSHERLY PLATFORM.

 

IN NO EVENT SHALL THE KOSHERLY PARTIES LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGREGGATE THE LESSER OF (A) THE AMOUNT PAID BY YOU TO KOSHERLY OR A STOREFRONT IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $100.00.

 

13. INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless KOSHERLY, its affiliates, and their officers, agents, employees, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms or your use of the KOSHERLY Platform other than as expressly authorized in these Terms, (b) your violation of the rights of a third party, (c) Your Content, or (d) any negligent acts, omissions or intentional wrongdoing by you. KOSHERLY may, in its sole discretion, elect to assume the exclusive defense and control of any matter subject to indemnification by you at your expense.

 

14. LINKING AND THIRD-PARTY MATERIALS

 

(a) The KOSHERLY Platform may contain links or connections to third party websites or materials that are not owned or controlled by KOSHERLY. When you access third party websites or use third party content, you accept that there are risks in doing so, and that KOSHERLY is not responsible or liable for your use of such third-party websites or third-party content. We encourage you to be aware when you leave the KOSHERLY Platform and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Your interactions with Storefronts and/or individuals found on or through the KOSHERLY Platform, including payment and reservation of Storefront goods on the KOSHERLY Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Storefront and/or individual.

 

(b) KOSHERLY may, from time to time, run advertisements and promotions of behalf of third parties on the KOSHERLY Platform. Your business dealings or correspondence with, or participation in promotions of, parties other than KOSHERLY, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. 

 

15.  TERMINATION

 

KOSHERLY reserves the right, in our sole discretion, to terminate your access to and use of the KOSHERLY Platform or any portion thereof at any time, for any reason, and without notice to you.

 

16.  DISPUTE RESOLUTION

 

(a) Applicable Law and Venue. These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflict of laws or provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or the KOSHERLY Platform shall be finally settled through mandatory and binding arbitration in the State of Florida, Miami-Dade County. 

 

(b) MANDATORY ARBITRATION; CLASS ACTION WAIVER. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the KOSHERLY Platform shall be instituted exclusively through binding individual (not class) arbitration, before one (1) arbitrator, under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Florida law. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties in the arbitration.

 

(c) Informal Resolution. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 60 days, except as provided below. 

 

Prior to submitting a claim to the AAA, you must first send us a notice of the dispute (each, a “Demand”) including a written statement that sets forth your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at:

 

Kosherly Deliveries LLC

Attn: Salomon Sutton

501 Golden Isles Dr, STE 203A

Hallandale Beach, FL 33009.

 

If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 60 DAYS FROM RECEIPT OF YOUR DEMAND, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE KOSHERLY PLATFORM ARE SUBJECT TO SECTION 16(b) ABOVE.

 

LIMITED TIME TO BRING A CLAIM. YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.

 

(d) Class Action Waiver. YOU EXPRESSLY WAIVE ANY LIABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. ANY ARBITRATION, CLAIM, OR OTHER PROCEEDINGS BETWEEN YOU AND KOSHERLY SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN ANY CLASS ACTION, MASS ACTION, OR ON A CONSOLIDATED OR REPRESENTATIVE BASIS. NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECT ARBITRATIONS OR PROCEEDINGS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND KOSHERLY WILL NOT BE CONSOLIDATION WITH ANY OTHER MATTER OR JOINED WITH ANY OTHER CASE OR PARTIES. 

 

(e) Statute of Limitations. To the extent permitted by law, any dispute, claim or grievance to which this section applies must be filed within one year. The one-year period begins to run from the time that you knew, or should have known, of the facts underlying the dispute, claim or grievance. If not filed within one year, the claim or dispute will be permanently barred.

 

17. MISCELLANEOUS 

 

(a) Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your KOSHERLY Platform account, in any way (by operation of law or otherwise) without our prior written consent.

 

(b) Severability; No Waiver. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. 

 

(c) Questions. If you have any questions regarding these Terms or your use of the KOSHERLY Platform, please submit a support request to support@kosherly.us.