Kosher Food Shuttle

Terms and Conditions

Last updated: March 6, 2024

Thank you for using KosherFoodShuttle and its affiliates! These Terms of Service (“Terms”) govern your use of the KosherFoodShuttle services, including any websites, mobile applications, devices, APIs, or artificial intelligence (“AI”) powered generative experiences that are operated by KFS or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and KosherFoodShuttle, a Florida corporation, and its subsidiaries and affiliates (“KFS”). This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”). 

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with KFS Privacy Policy.  If you are using or accessing the Services through a Business Account, your use of the Services is governed by the KFS Terms and Conditions

SECTION 17 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND KFS HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST KFS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. 

The Services include a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”). 

You acknowledge that KFS does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, KFS.  

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that KFS and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the Retailer—not the Third Party Provider and not KFS—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store. You agree that KFS or the applicable Retailer will obtain an authorization for your credit card, debit card, or other payment method on file with KFS to cover the cost of the goods you have purchased from the Retailer and any separate KFS fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. 

KFS may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), alcohol service fees, heavy order fees, direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), and special handling fees. KFS may vary certain fees based on demand, order attributes, and/or other factors.  Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold. Individual Retailers may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Retailer’s pricing policies (which may change from time to time) on their storefront(s) on both the website and in the KFS app. 

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and KFS, KFS does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services. 

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place. 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. KFS reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged). 

1. Your Use of the Services

KFS grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, KFS Customer Guidelines, and any other KFS policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have KFS’s written permission, you may not reverse engineer (including tracking the inputs and outputs flowing through our system or application in order to mimic or recreate the system or application) or attempt to extract the source code of the Services. You may only access the Services through the interfaces that KFS provides for that purpose (for example, you may not “scrape”  or “data mine” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.  You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use). 

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and KFS, you retain all rights in any content that you upload or submit, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant KFS the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party.  You grant KFS a non-exclusive, royalty-free, worldwide, transferable, sub licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, or distribute any such content, and to use the content to train, test, or otherwise enhance our machine learning algorithms, for the purposes of operating, providing, and improving the Services. KFS may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms, the KFS Customer Guidelines, or any other policies. 

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, KFS will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with KFS.  If you are using KFS Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity. 

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the KFS Customer Guidelines (which may be updated from time to time) and any other applicable KFS policies, and you will respect those who you encounter in your use of the Services, including Third Party Providers, KFS personnel, and individuals who support KFS’s Help Center. KFS reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion. KFS may periodically offer you certain incentives or benefits (e.g. trial KFS+ membership, credit, coupon, promotion code, and/or discount code).

We’re constantly modifying and improving the Services. KFS may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide KFS with any feedback on or comments regarding the Services, you grant KFS the right to use such feedback or comments for any purpose without restriction or payment to you. 

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same. Please note that once a shopper has begun shopping your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.

If KFS suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms of Service in connection with your use of the Services (including but not limited to any order, refund, or use of an incentive or benefit), KFS reserves the right to cancel the order, decline or reverse a refund, charge your card on file, revoke, cancel and/or terminate the incentive or benefit, or to take other remedial measures.

2. KFS Communications

By creating an KFS user account, you agree to accept and receive communications from KFS or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to KFS. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of KFS, its affiliated companies, and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by using the unsubscribe mechanism included in the message, where applicable. You may also opt-out of receiving promotional text messages from KFS by replying “STOP” from the mobile device receiving the messages. 

If you use the Services to order a prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone. You also understand and agree that a third party pharmacy and/or KFS may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability, and waive and release any claim (to the maximum extent permitted by law), against KFS, its affiliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications. 

3. KFS

KFS is a membership program that waives the delivery fee and reduces certain service fees for scheduled deliveries on orders $35 or over (the “KFS+ Benefits”) with each Retailer placed through the Services for a monthly or yearly subscription fee. KFS+ Benefits may differ on certain Retailers’ white label sites that are powered by KFS, where available. You acknowledge that your KFS+ membership does not entitle you to faster delivery times or guaranteed or priority time slots. Service fees (including additional fees and surcharges to help offset specific costs), priority fees, direct-to-consumer shipping fees, long distance fees, alcohol service fees, heavy order fees, special handling fees, taxes and/or tips may still apply. For combinations with other offers, restrictions may apply.  Prescription drug delivery services through KFS Rx are not eligible for KFS+ membership benefits.

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR KFS+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE  PAYMENT METHOD ON FILE IN YOUR ACCOUNT. The billing date will depend on the type of subscription that you choose when you sign-up for an KFS+ membership (monthly or yearly) and will be charged within 24 hours on the billing date indicated on your “Your KFS+ Membership” page. In certain circumstances, your billing date may change. For instance, if we are unable to successfully charge your card for the KFS+ membership fee on a given day (e.g., a Federal holiday or technical failures). KFS+ membership fees are fully earned upon payment. 

If your payment details change, your card or other payment method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your KFS+ membership. If you do not want to have your card or other payment method automatically updated, you can opt out of these services by contacting your financial institution. If you would like to use a different payment method or if there is a change in payment method, please update your billing information on your “Your KFS+ Membership” page under the Payment section. All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here. If the payment method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Services, including without limitation your KFS membership, until we have successfully charged a valid payment method. 

If you do not want your membership to automatically renew, you can cancel your KFS membership at any time on your “Your KFS Membership” page by following the “Cancel Membership” link. You may cancel your membership within the first five (5) calendar days of your paid annual membership term or renewed annual subscription, and receive a refund of the KFS membership fee you paid, but only if you have not placed any orders using your KFS membership. When you cancel a monthly membership or if you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your KFS membership through the end of your paid membership term. Additional instructions on how to manage your KFS membership are available in the Help Center. 

From time to time, KFS offers some users trial or other promotional memberships to KFS. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion.  Prior to the end of your free trial period or promotional membership period, KFS will notify you that your free trial period is coming to an end and will automatically charge you the applicable KFS subscription fee to the payment method on file with KFS. If you cancel your KFS membership before the free trial or promotional membership period has expired, KFS will not charge you for the subsequent KFS membership term unless you restart your membership. KFS may change the monthly or annual fee charged for membership at any time, but any such fee change will not apply to current KFS members until such time as their current memberships expire and their memberships are renewed for another term. Where the fee has increased, KFS will notify you prior to the renewal of your membership of the relevant fee increase.

We may change other terms or conditions applicable to KFS from time to time. Any new or renewed memberships will be subject to the terms of service active at that time and displayed when you sign up for KFS. KFS may also make such changes with respect to current KFS memberships. In that case, KFS will provide you with notice of the changes and when those changes will take effect. If you disagree with the changes to your current KFS membership terms of service, you may cancel your membership.  From time to time, KFS may offer additional benefits or features to KFS subscribers.  These additional benefits or features may not be available to all subscribers and may be subject to additional terms referenced in the offer terms. KFS reserves the right to modify or terminate any additional benefits or features at any time and you agree that such additional perks or benefits are not guaranteed as part of your membership.  

Your KFS membership cannot be transferred or assigned. KFS reserves the right to accept, refuse, or cancel your KFS+ membership at any time in its sole discretion. 

4. Coupons, Promotions and Credits

You may have access to promotion codes, discounts, coupon codes, and offers (“Coupons”) that may provide a benefit to you when making a purchase using the Services. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ or retailers’ terms. Coupons are subject to change, cancellation, or expiration at any time, and to the terms and conditions of the relevant coupon offeror. If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply. Coupons are only valid when applied to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. KFS is not a retailer or seller. You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that KFS has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such coupons. When coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit. Coupons may not be sold, copied, modified, or transferred. Coupons have no cash value and may be limited to one per user unless otherwise disclosed.  Coupons are only good while supplies last and are void where restricted or prohibited by law. 

You can find more information about Coupons and other separate promotions that may be available from time to time on KFS’s website, mobile applications, and retailers’ white label sites that are powered by KFS.

You may also be offered credits to use for purchases through the Services (“Credits”). Unless otherwise stated in the terms applicable to Credits awarded to your account, KFS reserves the right to modify the expiration date of any Credit upon 30 days email notice to you. KFS reserves the right to cap or adjust the amount of Credit in your account to the extent that your total KFS credit balance would exceed $1,500 or have more than $2,000 of KFS credits associated with your account in a single day. KFS may restrict your use of Credits to purchase certain items such as alcohol and prescriptions, and may disallow the use of Credits to cover fees, taxes or tips. Certain credits may not apply to an order if you are also applying a Coupon or another type of credit. Credits have no cash value. For more information about Credits, please visit KFS’s Help Center. 

5. KFS Gift Cards

KFS offers currency-denominated digital and physical gift cards that are redeemable for eligible goods and services on KFS’s website and mobile applications, and on certain retailers’ white label sites that are powered by KFS (“Gift Cards”). When you purchase or redeem a Gift Card, you agree to the Terms & Conditions for KFS Gift Cards as well as these Terms of Service. Generally, Gift Cards and/or Credits cannot be used to pay for the KFS+ subscription fee, unless you purchase an KFS Gift Card, as agreed to by you.  

6. Retailer Memberships

Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not KFS and separate terms and conditions provided by the Retailer apply, which you should read carefully. Please note that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account. 

7. Transactions Involving Alcohol

You may have the option to order alcohol products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause KFS or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order alcohol products from a Retailer through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States, 18 years of age or older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all other Canadian provinces). You also agree that, upon delivery of alcohol products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that Third Party Provider may scan this identification and may require a signature from the recipient.  You also agree that the recipient will not be intoxicated when receiving delivery of alcohol products, and that you will not purchase alcohol with the intent to resell or provide it to someone who is not of legal drinking age. If the recipient is unable to present valid photo identification upon delivery, your order will be cancelled. You agree that if any applicable legal requirements for the delivery of alcohol are not met, KFS reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order. 

Users who purchase alcohol through the Services for delivery by Third Party Providers within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD. (Sections 281-78 & 101.5, Hawaii Revised Statutes). 

All alcohol products ordered through the Services for delivery by Third Party Providers within the provinces of Ontario and Alberta will be delivered by Maplebear Delivery Canada Inc.

8. Delivery of Prescription Drug Products (KFS Rx)

In certain geographic areas, you may order prescription drug products through KFS Rx. You agree that KFS is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. KFS makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly. 

You agree that, upon delivery of prescription drug products by a Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.  You also agree that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product ordered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed. 

You also agree that KFS does not provide any medical advice, diagnosis or treatment, and that neither a pharmacy-patient relationship nor a physician-patient relationship exists between KFS and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues. 

By using the Services to order a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption. 

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY. 

9. Transactions Involving Other Restricted Products

You may have the option to order other restricted products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause KFS or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order an item that requires delivery certification, you agree the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their identity to the Third Party Provider delivering such products. If you order age-restricted products from a Retailer through the Services, you agree that you are of legal age for purchasing, possessing, and/or consuming such age-restricted products and agree that, upon delivery of age-restricted products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.  You also agree that the age-restricted products have not been purchased with the intent to resell or provide to someone who is not of legal age. You agree that if any applicable legal requirements for the delivery of age-restricted products are not met, KFS reserves the right to cancel the age-restricted portion of your order. Special requests or substitutions for the purchase of age-restricted products will not be honored; all requests for the purchase of age-restricted products must be made through the catalog available through the Services at the time of submitting the order.

10. SNAP/EBT

KFS allows customers in the U.S. to pay for online orders of Supplemental Nutrition Assistance Program (SNAP) eligible items from select retailers with a valid EBT card. 

By providing your EBT information, you represent and warrant that you are authorized to legally use the designated payment information and that you authorize us to use that EBT information for the Services. If the payment information cannot be verified, is invalid or is otherwise not acceptable, the Services may be suspended or cancelled. 

SNAP Eligible Items 

You may purchase SNAP eligible items with your EBT card. SNAP eligible items are determined by the U.S. Department of Agriculture. You can learn more about shopping for EBT eligible items.

Payment 

By associating your SNAP EBT card to your KFS account, you confirm that your card information is current and valid. In addition, a credit or debit card must also be linked to your KFS account to cover fees, taxes, delivery tips, and any other non-EBT eligible items you may want to purchase.  Currently KFS cannot accept EBT cash. To pay for eligible food items on KFS you can use SNAP EBT funds. 

11. Third-party Products and Content

You agree that KFS does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does KFS assume responsibility for your interactions with any Third Party Provider (including a Retailer). You further agree that KFS does not warrant or guarantee that any product information contained on the Services, or any result returned from queries made through the Services, whether made using AI powered generative experiences or otherwise, is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. KFS does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free. 

You understand that search results obtained from the Services, whether done through AI powered generative experiences or otherwise, may be the same or similar or vary between different users and at different times, and may not necessarily be identical or consistent.  You further agree that KFS does not warrant or guarantee that any material created through any AI powered generative experience does not infringe the rights of any third party in any subsequent use of the content you may make. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that KFS will have no liability based on such purchase, use, access, or engagement.  

12. Gifts and Orders on Behalf of Third Parties

You may have the option to send KFS orders to third party recipients (“Recipients”). With respect to such orders, you agree to the following:

12.1 Communications by KFS: You have the option to provide KFS with the Recipient’s contact information. By providing the Recipient’s contact information, you are representing to KFS that you have obtained the consent of the Recipient to share the Recipient’s contact information with KFS for the purpose of receiving communications from KFS, including via email, or via text message, calls, and push notifications to the cellular telephone number you provide to KFS. You understand and agree that the Recipient may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of KFS. Message and data rates may apply. KFS is not liable for delayed or undelivered mobile messages.

12.2 Sharing Recipient Data: If you chose to provide Recipient information to KFS, including:

  1. Contact information, including a Recipient’s name, address and telephone number;
  2. Information that identifies a Recipient’s relationship or association with you;
  3. Information about a Recipient’s food security, food assistance, and other benefits or programs in which the Recipient participates; and
  4. Information regarding the Recipient’s preferences, statuses, or other personal information;

you are representing to KFS that you have obtained the consent of the Recipient to share this information with KFS. You agree to be responsible for collecting Recipient data and obtaining authorizations to the extent legally required from Recipients for KFS to use Recipient data to complete the order, including, where applicable, authorizations sufficient for you to share Recipient data with KFS without KFS becoming a Business Associate of you, as such term is defined under HIPAA. KFS has no responsibility or liability for the failure of you, or any third party, to obtain appropriate consent and/or authorization from a Recipient. KFS will use Recipient data in the ordinary course of its business.

13. In-Store Features

You may have access to certain features on the Services that are intended to be used while shopping in Retailers’ physical store locations, including In-Store Mode and Scan & Pay (“In-Store Features”). In-Store Mode allows customers to browse items via the Services that are available for purchase in Retailers’ physical store locations. Scan & Pay allows customers to scan and pay for items via the Services accessed on your mobile device while shopping in Retailers’ physical store locations.

You acknowledge that, in addition to these Terms, your use of In-Store Features in a Retailer’s store may be subject to that Retailer’s policies and terms and conditions of service (“Retailer Terms”). Retailer Terms govern issues such as hours of operation, in-store conduct, refunds, returns, and Retailer loyalty programs when using In-Store Features.

Retailers provide the prices for In-Store Features. You acknowledge that Retailers may update pricing in real time, which may not immediately be reflected on In-Store Features and/or result in changes to prices on In-Store Features during your shopping experience. You must alert a Retailer employee if there is any discrepancy between an in-store price and a price displayed on In-Store Features. While we work with Retailers to surface in-store offers, such offers including clearance, single-store and in-store only specials, prices, promotions, offers, coupons and discounts may not be available on In-Store Features. Certain items available in-store may not be available on In-Store Features.

While using Scan & Pay, you acknowledge and warrant that (ii) you will ensure that any products are correctly scanned by you; (ii) for products that are sold by weight, you will ensure that the products are weighed correctly by you; (iii) you will pay for all products prior to leaving the store; and (iv) you will comply with all laws applicable to your use of the Scan & Pay feature.

If you have any issues with scanning or completing your purchase, you must alert a Retailer employee in the store. If KFS is unable to successfully process your payment for your Scan & Pay order, you must complete your transaction at a register. By using Scan & Pay, you agree to exit the store through the designated Scan & Pay checkout area by scanning your smartphone below the checkout device or such other location as designated by the Retailer, and following the prompts to either proceed to bag check in or exit the store via the designated Scan & Pay exit. You acknowledge that Retailer personnel may conduct checks (including checking of your bags, comparing the items in your bag to your virtual cart, and rescanning some or all items in your bag), or taking other steps to verify proper use of Scan & Pay. You agree that if there is a difference between your scan and any re-scan carried out by Retailer personnel, the re-scan will be decisive. If you scan items incorrectly on multiple occasions, in addition to any of our other rights including under these Terms, we may suspend, disable or terminate your ability to use Scan & Pay and/or the Services. 

Any returns or refunds for products purchased in-store are subject to the Retailer’s refund and return policies, which vary by Retailer. 

KFS does not own the media or device on which the Services are downloaded, recorded or stored, but KFS and its licensors retain ownership of the Services and any images scanned by the application. Images of scanned items may be retained by KFS to improve our Services.

14. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KFS DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT. IN ADDITION, KFS MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KFS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU. 

KFS DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT KFS WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE. 

YOU AGREE THAT NEITHER KFS NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER KFS NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER. 

If you have a dispute with one or more Third Party Providers, you agree to release KFS (including KFS’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. 

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.” 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL KFS (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF KFS OR KFS’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL KFS (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF KFS OR KFS’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

KFS, ITS SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO KFS DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES. 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

16. Indemnification

You agree to defend, indemnify and hold harmless KFS and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or the KFS Customer Guidelines; (ii) any third party’s access to or use of the Services, or any goods made available through the Services, through your KFS user account, including but not limited to your spouse, dependents, third-party beneficiaries and Recipients; (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider; or (iv) your subsequent use of any content created by AI powered generative experiences. 

17. Dispute Resolution & Arbitration Agreement

17.1. Overview of Dispute Resolution Process: This Section 17 provides for a two-part process for dispute resolution: (1) an informal dispute resolution process directly with KFS (described in paragraph 17.2, below), and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”) or ADR Services Inc. (“ADR Services”), depending on where you reside. Notwithstanding these provisions, you and KFS each retain the right to seek resolution of disputes in small claims court as an alternative to arbitration.

17.2. Mandatory Informal Dispute Resolution: You and KFS agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and KFS agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. 

For any dispute you initiate, you agree to provide written notice to:

KFS
ATTN: Legal Department
Contact Us for updated Information

Your written description must be on an individual basis and personally signed by you and not by an attorney, agent, or representative. The notice must also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that KFS raises, we will send our written description of the dispute (including the information listed above), signed by an authorized KFS representative, to the most recent delivery address associated with your account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

You and KFS agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration or small claims proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above.

17.3.  Arbitration Agreement for United States Residents:  For residents of the United States, if we’re unable to work out a solution amicably, both you and KFS agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim (each, a “Claim”) arising at any time, including but not limited to those arising out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications and/or any information contained on the Services; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services and any consumption or use of those goods and services; (iv) any other aspect of your relationship or transactions with KFS as a consumer; or (v) Third Party Disputes (as defined in Section 17.4 below) (the “Arbitration Agreement”).  

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms. 

17.4. Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any dispute, controversy, or claim brought by or against any third parties where the underlying claims arise out of or relate to your use of the Services or any use of your KFS user account (“Third Party Disputes”). Third Party Disputes shall include any dispute, controversy, or claim by or against any Retailers, Third-Party Providers, KFS’s vendors and service providers including without limitation: payment processors, partners assisting in fraud prevention, companies advertising through the Services, partners with whom we work for advertising measurement, attribution and/or analytics, and companies that offer co-branded services or products, as well as your spouses, heirs, third-party beneficiaries and assigns.. For avoidance of doubt, a Claim under this Arbitration Agreement includes all claims or disputes between you and any Retailer arising out of or related to the Services performed under this Agreement and/or services in connection with any white label sites that are powered by KFS. 

17.5. Exceptions to Arbitration Agreement: Notwithstanding this mandatory Arbitration Agreement, you and KFS each retain the right: (a) to assert claims in small claims court, so long as the claims qualify and the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and, (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights. If a Claim qualifies for small claims court but a party commences an arbitration proceeding, you and KFS agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the arbitration proceeding will be administratively closed.  Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator.

17.6. Jury Trial Waiver: TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND KFS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. 

17.7. Class, Collective, and Representative Action Waiver: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND KFS ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND KFS OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER KFS USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. 

17.8. Arbitration Rules and Governing Law: The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. 

Except as described below for California residents, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at www.adr.org. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. 

The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and KFS. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and KFS. 

Except as otherwise expressly provided herein, you and KFS agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

The arbitration will be held in the United States county where you live or use the Services, or a location you and KFS mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and KFS submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. 

The Rules will govern the payment of all filing, administrative or arbitrator fees associated with arbitration (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law. Notwithstanding the foregoing, either party may make a request for and will be entitled to an award of reasonable attorneys’ fees and costs–including but not limited to any Arbitration Fees–if the Arbitrator finds that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, within the meaning of Federal Rule of Civil Procedure 11 or a state or local equivalent.

For California residents, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in effect at the time the arbitration demand is made. The ADR Services Rules are available at: https://www.adrservices.com/services/arbitration-rules/. In the event of any conflict between the ADR Services Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. 

For California residents, the Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the ADR Services Rules (the “ADR Arbitrator”). The ADR Arbitrator will decide the rights and liabilities, if any, of you and KFS. The ADR Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The ADR Arbitrator shall follow the applicable law. The ADR Arbitrator’s decision is final and binding on you and KFS. 

For California residents, except as otherwise expressly provided herein, you and KFS agree that the ADR Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The ADR Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

For California residents, the arbitration will be held in the California county where you live or use the Services, San Francisco, California, or any other location you and KFS mutually agree upon in writing.

For California residents, the ADR Services Rules will govern the payment of all filing, administrative or arbitrator fees associated with arbitration (“ADR Services Arbitration Fees”), currently summarized on ADR Services website at https://www.adrservices.com/rate-fee-schedule/, except that KFS will reimburse you at the conclusion of the arbitration for any ADR Services Arbitration Fees that you pay in excess of the cost to file the dispute in a court of competent jurisdiction in the location of the arbitration.  Any dispute about the amount or payment of this reimbursement shall be resolved by the Arbitrator.  If the Arbitrator finds that you cannot afford to pay ADR Services Arbitration Fees and you cannot obtain a fee waiver from ADR Services, KFS will pay such fees for you. Notwithstanding the foregoing, either party may make a request for and will be entitled to an award of reasonable attorneys’ fees and costs–including but not limited to any ADR Services Arbitration Fees–if the Arbitrator finds that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, within the meaning of Federal Rule of Civil Procedure 11 or a state or local equivalent.

17.9. Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing KFS at arbitration-opt-out@KFS.com with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 

17.10. Changes to Agreement to Arbitrate: If KFS changes this Section 17 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and KFS and/or its Retailers or other Third Parties identified in Section 17.4. 

17.11 Severance of Arbitration Agreement: If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration. 

17.12. Survival of Arbitration Agreement: Except as otherwise provided in this Section 17, this Arbitration Agreement will survive any termination of the Terms or of your access to the Services, including under Section 18 or otherwise.  This Arbitration Agreement will continue to apply even if you or we close your KFS account.

18. Termination

You can stop using the Services at any time and without notice to us. Similarly, KFS may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-22 survive and continue to apply to you. 

19. Controlling Law

To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Florida for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 17 of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the federal or state courts of New Castle County, Delaware, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and KFS consent to the personal jurisdiction of those courts. 

For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and KFS consent to the personal jurisdiction of those courts. 

20. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with KFS, shall constitute the entire agreement between you and KFS with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect. 

21. No Waiver

KFS’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 

22. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. KFS may assign its rights, licenses, and obligations under these Terms without limitation. 

23. Changes to the Terms

We may make changes to these Terms from time to time. When KFS does so, KFS will post the most current version of the Terms on KFS’s website and, if a revision to the Terms is material, KFS will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services. 

24. Intellectual Property Policy

Use of the Services does not give you the right or license to frame, use, or reproduce any of KFS’s copyrighted material, trademarks, service marks, or other proprietary rights or material, or a license to any of KFS’s patents, except as expressly permitted in writing by KFS.

KFS respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. KFS will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at KFS’s sole discretion and without notice, who infringe copyrights or other intellectual property rights. 

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to KFS’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which KFS may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. 

Contact KFS for information

If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to KFS’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s). 

25. Contact Information

If you have any questions, or comments about these Terms please contact KFS at: 

KFS 
via Email

Privacy Policy

Last updated: March 6, 2024

Thank you for using KFS! We are committed to providing you the best online shopping and delivery experience possible. This Privacy Policy explains how Maplebear Inc. d/b/a KFS and Maplebear Canada Inc. (“KFS”, “we”, or “us”) collect, use, and share your Personal Information. “Personal Information” is information about you that we collect when you browse or place orders for goods or services on the KFS platform, including any websites, mobile application, device, or API where this Privacy Policy is linked (the “Services”). 

Notice to California Residents: KFS collects Personal Information as described below in the “Information We Collect” section for the business and commercial purposes described below under “Information Use.” We describe our disclosures of Personal Information, including why and to whom we make them, below under “Information Disclosure.” As described in detail below, we “sell” or “share” (as defined in the California Consumer Protection Act (CCPA)) certain categories of Personal Information and you may exercise your right to opt out of such disclosures by submitting your request here. California residents can find out more information about their privacy rights below, under “Disclosure for Residents of California.” 

Table of Contents:

1.     Information Collection

2.     Payment Processors and Partners  

3.     Information Use

4.     Information Disclosure

5.     Personal Health Information

6.     Children’s Privacy

7.     Third-Party Websites

8.     Information Security

9.     Cross-Border Transfers

10.   Information Retention

11.   Your Choices and Data Rights

12.   Disclosures for Residents of California

13.   Disclosures for Residents of Nevada

14.   Disclosures for Residents of Canada

15.   Changes to this Privacy Policy

16.   Contact Information

1. Information We Collect

a. Information you provide 

We collect the following types of Personal Information directly from you: 

  • Contact information. When you use or interact with the Services, we collect or obtain relevant contact details from you, including your name, telephone number and email address.
  • Account information. When you set up an KFS account, we collect your username and password, and other relevant information we request. 
  • Order information. If you place an order through the Services, we collect information necessary to fulfill the order, including your delivery address, the date and time of the order, the items you ordered and any special instructions.
  • Age and identity verification information. If you order alcohol, prescriptions, or other age- or dollar amount restricted orders, we collect information from your government ID to verify your age or your identity, including the government ID number and state or country. 
  • Vehicle Information. For curbside pickup orders, we may collect your vehicle license plate number(s).
  • Payment information. If you place an order through the Services, we collect your billing address and method of payment. Additional details regarding the processing of your payment information can be found below
  • Interaction with your personal shopper. When you place an order for delivery, you may communicate with your personal shopper via the Services about product replacements and other questions you or your personal shopper may have regarding the order. We collect the information contained in those communications.
  • Information you make public. If you post in a public space on the Services or otherwise choose to make your Personal Information public on the Services (e.g., by sharing a recipe publicly on the Services), we collect such information. If you choose to share Personal Information publicly through the Services, please understand that we cannot control the actions of third parties who may access or collect this information. 
  • Other information you provide to us. We collect any other information that you choose to provide, including your responses to surveys that you choose to participate in (for example your taste preferences or customer satisfaction surveys) and information that you provide during your interactions with our Services and customer service representatives. We may also collect information that you provide directly to us regarding an experience with one of our retail partners.
  • Information you provide about others. In some cases, you may provide information to us about other people. For example, you may refer a friend to KFS, send an KFS gift delivery or gift card to someone. In these cases, we may collect the recipient’s name, email, and delivery address. You may also participate in Family Accounts and provide us information about your association with another KFS customer. When you provide someone else’s information via the Services, you are responsible for ensuring that you have permission to share their information with KFS. You may not provide personal information about children under the age of 16.

b. Information collected by automated means 

When you use and interact with the Services, we automatically receive certain information about your device, browser, and/or activity:

Device and usage information. Our servers will record information about the device you use to connect to the Services and your usage of the Services.

  • Device and usage information. Our servers will record information about the device you use to connect to the Services and your usage of the Services. This information includes your device’s IP address, your device type, browser type, internet service provider, operating system, and unique device identifiers. It also includes activity information, such as the frequency with which you use the Services, the duration of such usage, the pages that you navigate to, links that you click, information related to your shopping services for KFS (such as orders accepted, items found, and items replaced), and other ways that you interact with the Services. We also may use third party services that employ software code to record users’ interactions with the Services. Session replays include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.   
  • Location Information. When you access the Services, we may collect information about your device’s location. For instance, if you allow the Services to access location services through the permission system used by your device’s operating system or browser, we may collect the precise location of your device. We use your location information to facilitate the prompt hand-off of pickup orders (where available), to assist you in finding nearby stores for which pickup or delivery are available, and for other similar purposes. We may also use such information for analytic purposes. You can choose whether or not your device’s location information is shared with us by adjusting the settings on your device or browser, or when prompted by the KFS application.  We may also infer your general location, for example by using your device’s IP address.
  • Cookies, Pixels, and Other Tracking Technologies. When you visit our or otherwise interact with our Services, we (and our partners, advertisers, and third-party advertising networks) may automatically collect information about you using device identifiers, cookies, pixels, and similar technologies. We use this information for various purposes, including to: make the Services function properly; understand how you use the Services; personalize your experience; and measure, manage, display, and customize the advertisements you see. Our partners, advertisers, and third-party advertising networks may also use these technologies to collect information about your online activity over time and across different websites or online services. Browsers provide choices with respect to these technologies. For example, by modifying your browser preferences, you have the choice to accept all cookies or to be notified when a cookie is set. You can learn more about cookies and how they work at www.allaboutcookies.org

Analytics We use third-party analytics providers who may deploy cookies, pixels, and similar technologies to analyze traffic to the Services and understand the usage of the Services as well as the performance of advertisements. For example, we use Google Analytics, an analytics tool that helps us understand how our customers engage with the Services. To learn more about Google Analytics’ data practices, please visit Google’s support page.  

Interest-Based or Online Behavioral Advertising. To make your experience on KFS more engaging, we may participate in interest-based advertising using cookies, pixels, and other tracking technologies. This means that you may see advertisements while using the Services that are tailored to you, or you may see advertisements for KFS on other online services, based on your use of the Services or your browsing behavior across other online services. Some services where we may advertise belong to ad networks that use your web browsing history to choose which advertisements to display on their network services, which may include advertisements from KFS. You can learn more about interest-based advertising, and navigate to options that will allow you to exercise your rights to opt-out of online behavioral advertising, by visiting the Network Advertising Initiative’s Learn More Page or the Digital Advertising Alliance. In addition, some internet browsers, websites/platforms, and mobile devices allow you to exercise certain choices with respect to interest-based advertising. Please refer to the website that you are visiting, your browser, and/or your mobile device settings for additional information.  

Please note that even if you opt-out using the tools listed above, you may continue to see advertisements from KFS and/or our partners; however, these advertisements will not be as relevant to you.

Do Not Track. “Do Not Track” (“DNT”) is a developing standard for web browsers that aims to inform the websites you visit that you do not want information about your online activity collected over time and across third-party websites or online services. Although we do our best to honor the privacy preferences of our users, we do not interpret or respond to DNT or other similar signals from your browser at this time. For more information, visit http://www.allaboutdnt.com.

c. Information received from third parties 

We may receive Personal Information about you from third parties. For example: 

  • Third Party Services. If you log in to the Services through a third-party service, we may receive some information about you and your use of that third party service. For example, if you choose to log in to the Services with your Facebook or Google account, we may receive information from these companies, such as your name and email address.
  • Prescriptions. If you use the Services for prescription delivery, the pharmacy processing your prescription will provide us with your name, delivery address, email address, birth date, telephone number, the total amount (including sales tax, where applicable) being charged to you for the prescription drug product(s) purchased, the prescription number(s) and in some case the total number of refills and your refill count (if you select to have refills fulfilled through KFS). The pharmacy will also share whether the prescription drug product you have ordered requires temperature control. Additionally, if a prescription drug product delivered to you through the Services has been recalled, the pharmacy will share your name, email address, the date of the prescription drug product order, and the total amount to be refunded to you with us. 
  • KFS Partner Sites. Partners who have implemented certain KFS Services on their websites may also let us collect information about your use of their sites or applications or share such information with us. For example, if you use an KFS Shoppable Recipe button on another site, we will receive information about your use of that button and the third-party site/app. 
  • Other third parties: We also may collect or receive personal Information relating to you from:
    • Our payment processors and partners (see below);
    • Partners who assist us in fraud prevention or in connection with claims or disputes;
    • Other KFS customers if they refer you to our Services, send you a gift or other order delivery through our Services;
    • KFS personal shoppers in connection with your delivery;
    • Partners with whom we work for advertising measurement, attribution, and analytics;
    • Companies that offer co-branded services or products;
    • Law enforcement, public health, and other governmental authorities; and
    • Publicly available sources.

2. Payment Processors and Partners

When you pay for orders using a credit card or other payment method on our Services, your credit card or other payment information is collected and processed by our third-party payment processors. For example, if you pay with a credit card, the payment information that you provide through the Services is transmitted directly to our payment processor. We may receive limited information about your payment card from our payment processors, such as the last 4 digits of your card number and its expiration month and year. 

We also make available opportunities to pay for orders via other payment partners that may redirect you to their websites to submit your payment information. For instance, if you use PayPal or a “Buy Now Pay Later” partner to make purchases through the Services, you will be directed to their websites to provide your payment information. These payment partners’ privacy policies apply to the information you provide to them through their website.  

3. Information Use

We use the Personal Information we collect or otherwise obtain about you for the following purposes:  

  • Provide and manage the Services. We use your Personal Information in connection with the provision, administration, and management of the Services. 
  • Process your transactions. If you place an order through the Services, we will use your Personal Information to process your payment and facilitate the delivery of your order. This may include information provided to us by our payment processors and partners.
  • Provide customer support. We use your Personal Information to respond to your customer support communications and inquiries and assist you in your use of the Services.
  • Communicate with you. We use your Personal Information to provide you with relevant information about us or our Services (including details about our community affairs efforts) or to request information or feedback. These communications include sending you from time-to-time important updates about the Services, communications about changes to this Privacy Policy or other applicable terms and policies. 
  • Carry out our marketing and advertising activities. We (and our partners) use your Personal Information to send you marketing and promotional materials and communications, including interest-based and other advertisements, and to analyze and measure their effectiveness. Details on how to exercise your choices with respect to marketing and interest-based advertisements can be found in Your Choices and Data Rights below and Interest-Based or Online Behavioral Advertising above. 
  • Customize and personalize the Services. We use your Personal Information to help us understand which parts of the Services are of most interest to you and customize or personalize your experience. Based on how you browse, use, or otherwise interact with the Services, we display content, advertising, recommendations and otherwise personalize the Services to you. 
  • Identify usage trends and improve the Services. We use your Personal Information to help us (or our service providers and partners) conduct research and analytics about your use of the Services and identify usage trends. We also use your Personal Information to identify issues, test new features or changes in our features, and improve the Services.  
  • Maintain security and prevent fraud. We use your Personal Information to (a) help maintain the security and integrity of the Services, (b) detect, prevent, investigate, and protect you, our business, our users, and others from fraud, unauthorized transactions, and other unsafe activity, and (c) protect the safety, rights, or property of any person, the public, or KFS.
  • Satisfy our legal obligations. We use your Personal Information to comply with applicable laws and regulations, respond to legal process, and/or respond to requests and communications from law enforcement authorities or other government officials. 
  • Community Affairs. KFS is active in local communities as part of our mission to create a world where everyone has access to the food they love and more time to enjoy it together. We may use your information in connection with our community affairs efforts.
  • As otherwise necessary or appropriate. We will use your Personal Information for other purposes at your direction or with your consent.  

Please note that we may combine Personal Information that we collect (as described above) with information from other sources and use the combined information for the purposes described in this Privacy Policy. 

4. Information Disclosure

We may disclose your Personal Information to the categories of recipients listed below. 

  • Our affiliates and subsidiaries. We may disclose your Personal Information to our affiliates, subsidiaries, and other companies under common control and ownership for purposes consistent with this Privacy Policy and other business and operational purposes. 
  • Our service providers and third-party partners. We disclose your Personal Information to third parties that provide services to us, including: cloud storage services; system hosting, services; research partners; data security services; fraud prevention; payment processing services; delivery services; analytics services; legal services; map services. 
  • Our marketing and advertising partners. We may disclose your Personal Information to our marketing and advertising partners, including social media platforms, third-party advertising networks, and other parties to assist in serving and measuring our or their advertisements.   
  • Personal shoppers. If you place an order through the Services, we will disclose your Personal Information to the personal shopper who will pick it up and deliver it to you. Please note that the shopper will no longer have access to your Personal Information once your order has been delivered.  
  • Our retail partners. We may disclose your Personal Information to our retail partners in order to provide and maintain the Services. For example, if available in your region, when you buy alcohol using the Services, we may be required by law to share certain information with the retailer who makes the sale. This information could include, among other things, your name and delivery address; government-issued ID information; the quantity, brand, price, proof, and volume of the alcohol purchased; and your signature. We will also disclose your Personal Information to specific retailers when you enter your loyalty card information from that retailer so that information can be added to your loyalty card account.
  • Other users of the Services. We may disclose your Personal Information to other users of the Services if you choose to make such information public or you select sharing features on the Services. For example, if you share a recipe publicly on the Services, the recipe, along with your first name and last initial, will be viewable by other users. In addition, if you select to participate in a Family Account, the other Family Account member will see some of your information and carts. 
  • In connection with legal matters. We may share your information when we believe that the disclosure is reasonably necessary to comply with applicable laws, regulations, legal processes, or legal requests.   
  • Third parties in connection with a sale or business transaction. We may sell or purchase assets during the normal course of business. If another entity acquires us or any of our assets, information that we have collected may be transferred to such entity and its advisors leading up to and/or following the transaction. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, information that we hold may be considered an asset of ours and may be sold or transferred to third parties.
  • Co-Branded Products. We offer services or sell product lines jointly with third-party businesses (such as co-branded credit cards) and we may share your Personal Information with companies that offer co-branded services or products.
  • Other third parties. We will disclose your Personal Information to other parties at your direction or with your consent. We may also disclose your Personal Information to other parties if we believe it necessary or appropriate either: (a) under applicable law; (b) to protect our operations and those of any of our affiliates; (c) to protect our rights, privacy, safety, or property, and/or those of others; or (d) to allow us to pursue available remedies or limit damages that we may sustain.   

We may disclose your Personal Information for other reasons that we will describe at the time of information collection or prior to sharing your information. 

5. Personal Health Information

Some of the information that we collect about you may relate to: (i) your past, present or future physical or mental health or condition; (ii) the provision of health care to you; or (iii) your past, present, or future payment for the provision of health care (“Personal Health Information”). This Section governs our use and disclosure of your Personal Health Information. If there is a conflict between the terms of this Section and any other terms of this Privacy Policy or the KFS Terms of Services, the terms in this Section will govern. 

To the extent that we receive, create, maintain, use, or disclose any of your Personal Health Information, we will maintain the privacy and security of such information as required by applicable law, including the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”). 

If you reside in the U.S., your Personal Health Information is protected under HIPAA and state law (depending on your state of residence). These laws give you rights with respect to the access, use, and disclosure of Personal Health Information by your health care providers, such as pharmacies, and us. When you place a pharmacy order using the Services, the pharmacy responds as we have described above in the “Information Collection” section by disclosing to KFS your status as a patient of the pharmacy, and in some cases your prescription refill information if you select. Information concerning your status as a patient of the pharmacy is protected by HIPAA. For a more complete description of your rights under HIPAA and the uses and disclosures of your Personal Health Information, please refer to your pharmacy’s Notice of Privacy Practices. We will not disclose your Personal Health Information without your prior written consent with other people or non-affiliated companies unless: (i) such disclosure is necessary in order to provide the Services; (ii) to your pharmacy on their instruction, (iii) the Personal Health Information has been “de-identified” so that it cannot identify you; (iv) such disclosure is required by law; or (v) such disclosure is in connection with a business transaction or bankruptcy proceeding.  

6. Children’s Privacy

We understand the importance of protecting the privacy of children, especially in the online environment. The Services are not designed for or intentionally directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16. If we become aware that we have received Personal Information from an individual under the age of 16, we will take reasonable steps to remove the individual’s Personal Information from our records.      

7. Third-Party Websites

Some links on the Services may redirect you to third-party websites and services that we do not operate. We may also offer social sharing tools that let you share actions on the Services with other websites and vice versa. The privacy practices of these websites and services will be governed by their own privacy policies. We encourage you to review and understand their privacy policies before disclosing any Personal Information to them.  

8. Information Security

We employ and maintain reasonable administrative, physical, and technical measures designed to safeguard and protect Personal Information under our control from unauthorized access, use, and disclosure. 

In addition, when we collect, maintain, access, use, or disclose your Personal Health Information, we do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. Nevertheless, because no data transmission or storage system is completely secure, we cannot guarantee the security of your information. 

9. Cross-Border Transfers

KFS operates a global business, and we use vendors located around the world to help us run our business. Accordingly, the disclosures described above may result in the transfer of your Personal Information outside of the country or region in which you reside. For example, the Personal Information of customers located in Canada will be transferred outside of Canada, including to the United States. 

When we transfer your Personal Information outside of your country of residence, we do so in accordance with applicable law and take appropriate steps to ensure your information is protected. However, please note that while outside of the jurisdiction in which you reside, some of your Personal Information will be subject to applicable local laws, which may permit government and national security authorities in those jurisdictions to access your Personal Information in certain circumstances. 

10. Information Retention

We keep Personal Information only for as long as necessary to fulfill the purposes for which we have collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of the Personal Information; the purposes for which we use the Personal Information; whether we can achieve those purposes through other means; and the applicable laws that require us to retain information for regulatory purposes or permit us to retain the information to preserve our legal rights. 

11. Your Choices and Data Rights

Depending on your place of residence, under applicable law, you may be able to, you can make certain choices and exercise certain rights with respect to our use of your Personal Information. Please note that rights and requests may be subject to applicable exceptions. We will not discriminate against you if you decide to exercise these rights:

a. Correct or update your account information and settings 

If you have created an account through the Services, you may review, correct, or update your information (including your name, telephone number, delivery address, and payment information) at any time by logging in to your account and visiting the “Account Settings” page. Please note that changes to your settings may require some time to take effect. 

b. Exercise your marketing choices

We may send you periodic marketing and promotional emails, push notifications and/or text messages to your mobile device, and we will obtain your consent to do so, where required by law. If you no longer wish to receive our marketing and promotional communications, you may opt out of receiving them by following the opt-out instructions included in any communication that you receive from us or by visiting your Account Settings. Please note that even if you opt out of receiving marketing and promotional communications from us, we may still send you administrative and transactional messages from which you cannot opt out.    

c. Request to Access or Delete your Personal Information

You may request that KFS provide you with a copy of your Personal Information or request that we delete your Personal Information. Prior to processing your requests, we must verify the identity of the requestor to help ensure that we do not for example provide your information to another person. To do so, we require you to submit up to three pieces of Personal Information that we then match against the account information we have on file for you. 

  • Account Holders. If you have an active KFS account, click here to submit a request to access or delete your Personal Information. You will be prompted to re-log in to the Services.
  • Non-Account HoldersIf you no longer have access to your KFS account, please email us at to submit your requests. 
  • Authorized Agents. If you reside in California, Canada, or Colorado, you may authorize another person or entity to submit an access or deletion request on your behalf (an “Authorized Agent”). As part of our verification process, we will require proof concerning their status as an Authorized Agent. We will also require you to directly confirm with us that you provided the person or business entity with permission to submit the request. Authorized Agent can submit access and deletion requests by emailing us.

d. Opt-out of the Sales or Sharing  (Targeted Advertising) (not available in all states)

KFS sometimes shares information about you with certain partners including social media publishers, to enable KFS or those partners to bring your personalized ads on third party sites or applications. We may also share information with other partners in a manner that may be considered “sales” under certain privacy laws. In certain states, you have the right to opt-out of this information sharing or information sales. You may also have the right to opt out of “Targeted Advertising,” as such term is defined in applicable privacy law. To exercise your right to opt out. 

e. Appeals

If you submit a request to exercise any of the rights described above and we do not take action on the request, you may appeal our decision if you are in an eligible jurisdiction. To appeal our decision, please email us with the subject line “Rights Request Appeal.”

12. Disclosures for Residents of California

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights. We are providing the following details regarding the categories of Personal Information that we collect, use, and disclose relating to California residents as required under the CCPA. 

a. Personal Information collection and disclosure 

As already described above, the following chart details the categories of Personal Information we have collected about California residents in the past twelve (12) months, the sources from which we’ve collected the information, the categories of recipients to whom we have disclosed the information, and the categories of recipients to whom we have sold or with whom we have “shared” the information for cross-context behavioral advertising (“Behavioral Advertising”).

We also disclose information as explained above to law enforcement or government agencies.

Category of Personal Information Source(s) Categories of parties to whom we have disclosed Personal Information for a business purposeCategories of parties with whom we have shared or to whom we have sold Personal Information for Behavioral Advertising
Identifiers, including names, email addresses, IP addresses, postal address, social media account handles and other similar identifiers.Directly from individuals  Through automated means  Third-party sources Our service providers Our research partners  Our retail partners Our personal shoppers Companies that offer co-branded goods Our affiliates
 
 
Our third-party partners, including marketing and advertising partners 
Protected classification characteristics under California or federal law, including age. Directly from individuals   Our service providers Our personal shoppers Our affiliates Our retail partners
 
 
 
Commercial information, including products purchased, obtained, or considered and other purchasing or consuming histories or tendencies. Directly from individuals  Through automated means  Third-party sources Our service providers Our personal shoppers  Our retail partners  Companies that offer co-branded goods Our affiliatesOur third-party partners, including marketing and advertising partners
Internet or other electronic network activity information, including browsing history, search history, and information regarding individuals’ interactions with the Services and ads. Through automated means  Third-party sources Our service providers Our affiliates  Our third-party partners, including marketing and advertising partners
Geolocation data Through automated means Our service providers Our retailers Our affiliates  
Audio, electronic, visual, or similar information, such as telephone call recordings (where permitted by law). Directly from individuals  Through automated means Our service providers Our affiliates   
Inferences, meaning inferences drawn from any of the information in the categories listed above to create a profile about individuals reflecting their preferences and/or behavior.  Through automated means  Third-party sources Our service providers Our affiliates 
Sensitive Personal Information, including driver’s license or state identification card numbers, log-in information for accounts in combination with passwords allowing access to the accounts, and precise geolocation information.  Directly from individuals  Through automated means   Our service providers Our retailers
 
 
 
 

We also disclose your information as explained above to law enforcement or government agencies.

b. Sale and Sharing of Personal Information

As described above, we share your Personal Information for Behavioral Advertising and may also disclose it to certain analytics or other vendors in a manner that could be considered a “sale” under California law. Please see Your Choices and Data Rights above for information on how to opt-out of such sharing or sales. 

Alternatively, where available, you can use certain preference signals to exercise your sale and sharing opt-out right automatically with all businesses that you interact with online, including KFS. If you enable a browser-based opt-out preference signal that complies with the CCPA, such as Global Privacy Control (GPC), upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each one that you use. 

c. Use and disclosure of sensitive Personal Information

We only use or disclose sensitive Personal Information as necessary to provide the Services; resist malicious, deceptive, fraudulent, or illegal actions directed at our business; ensure the physical safety of natural persons; and verify, maintain, and improve the quality of our Services. 

d. Consumer Affairs

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding our website, please send an email.

13. Disclosures for Residents of Nevada

We do not “sell” Personal Information as defined under Nevada law. 

14. Disclosures for Residents of Canada

For information about the transfer and storage of your Personal Information outside of Canada, please see Cross-Border Transfers above.

If you are a resident of Canada, you may submit an access or deletion request as explained in Your Choices and Data Rights above.

15. Changes to this Privacy Policy

We may occasionally update this Privacy Policy to reflect changes in our practices with respect to the collection, use, and disclosure of Personal Information and/or changes in applicable law. 

The “Last updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make changes, we will revise the date at the top of this Privacy Policy and, in the case of material changes to this Privacy Policy, we may provide you with additional notice (such as a notice posted on the Services or a message delivered to the email address that we have on file for you).

We encourage you to review this Privacy Policy periodically to remain informed about our information handling and privacy practices. 

16. Contact Information

Questions or comments about this Privacy Policy or our information handling practices? Contact KFS’s via email.

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