Welcome to www.snackwith.com! The following are the terms and conditions of this website, owned and operated by SNACKWITH™. (“SNACKWITH™”, “us” or “we”). All visitors agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms, you should not use or access this website. SNACKWITH™ reserves the right to revise these terms at any time by updating this agreement. These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”), govern your access and use of the Site, including any content, functionality, subscriptions, and services offered on or through the Site, whether as a guest or a registered user. These Terms also apply to the purchase and sale of products and subscriptions service through the Site.
The entire content included in this site, including but not limited to text, graphics or code is collectively the property of SNACKWITH™ and is protected by copyright, trademark and other property rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SNACKWITH™ or purchasing SNACKWITH™ products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SNACKWITH™ or to purchase SNACKWITH™ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SNACKWITH™. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials and products on this site are provided “as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SNACKWITH™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SNACKWITH™ does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SNACKWITH™ does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
GLUTEN-FREE, VEGAN AND ALLERGEN DISCLAIMER
SNACKWITH™ disclaims all warranties, express or implied, for the quality and ingredients of the products provided. SNACKWITH™ does not represent or warrant that all of the products provided will be 100% free of any trace elements of ingredients or allergens, including but not limited to, gluten, tree nuts or animal products. Actual packaging and materials of each unique product may contain important ingredient, manufacturing and use information. All labels, warnings and directions must be read before using or consuming any of the products.
LIMITATION OF LIABILITY
SNACKWITH™ shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SNACKWITH™ has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse any order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
In the event that a SNACKWITH™ product is mistakenly listed at an incorrect price, SNACKWITH™ reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. SNACKWITH™ reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SNACKWITH™ shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SNACKWITH™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SNACKWITH™ may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SNACKWITH™.
SUBSCRIPTION CONTRACT AND AUTO-RENEWAL
SNACKWITH™ may offer a monthly subscription snack service in various subscription types, including rebillable monthly subscriptions (“Month-to-Month Rebillable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); rebillable monthly subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Monthly Subscriptions With Commitment”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of SNACKWITH™ subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, SNACKWITH™ may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before SNACKWITH™ reasonably could act. Information on how to cancel is described below.
MONTH-TO-MONTH REBILLABLE SUBSCRIPTIONS
By purchasing a Monthly Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by SNACKWITH™ after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Rebillable Subscription renewal.
Cancellation Policy For Month-to-Month Rebillable Subscription Renewals
To cancel your Monthly Rebillable Subscription at any time, you may login to your account and follow the cancellation procedures there or send us a message at [email protected] and we will do it for you. If you cancel, you will not be rebilled during your next monthly billing cycle. To be eligible for 15% Membership discount you will agree to with minimum 3 shipments. If cancelling before 3 shipments SNACKWITH™ can invoice the discount. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely. Your subscription may be cancelled at any time via our website or via email communication with our customer support team. If cancelling vi email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration.
By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by SNACKWITH™ after the expiration date of your payment card.
Automatic Renewal Terms
At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six or twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.
Cancellation Policy For Prepaid Subscriptions Renewals
To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may login to your account and follow the cancellation procedures there or send us a message at [email protected] and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
MONTHLY SUBSCRIPTIONS WITH COMMITMENT
If You have a Prepaid Subscription, you will receive notice whether, Monthly Subscriptions With Commitment terms apply to You when your plan renews.
By purchasing a Monthly Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by SNACKWITH™ after the expiration date of your payment card.
Automatic Monthly Subscriptions With Commitment Renewal Terms
Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.
Cancellation Policy for Monthly Subscriptions With Commitment Renewals
- To cancel your 3-Month Subscription renewal for the following three months, at any time, you may login to your account and follow the cancellation procedures there or send us a message at [email protected], and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
To cancel your 6-Month Subscription renewal for the following six months, at any time, you may login to your account and follow the cancellation procedures there or send us a message at [email protected], and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
To cancel your 12-Month Subscription renewal for the following twelve months, at any time, you may login to your account and follow the cancellation procedures there or send us a message at [email protected], and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
CHANGES TO THE PRICE AND TO SNACKWITH™ SUBSCRIPTIONS PLANS
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your SNACKWITH™ Subscriptions Plans will take effect following notice to you.
24 HOUR NEW CUSTOMER CANCELLATION
All first time initial orders placed by new customers have a 24 hour cancellation window (calendar hours) from the time of order to the receipt of any cancellation and/or refund request. In order to cancel your first time initial order you must email your cancellation request before the close of the 24 hour window (calendar hours). Unfortunately, due to immediate product purchasing protocols that initiate within 24 hours of an order placed, there are no refunds for first time initial order requests that come in after the 24 hour window.
You can change your delivery address at any time by either logging into your SNACKWITH™ Online Account or by sending an email to [email protected]. In order to affect a particular month's shipment, you must submit your address change prior to your next renewal billing (before the 1st of the month). SNACKWITH™ is unable to provide refunds for any address changes that come in on or after the 1st of the month.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SNACKWITH™ or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site.
SNACKWITH™ reserves the right, at any time, to modify, suspend, or discontinue the site or its services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services or any part thereof.
You are responsible for maintaining the confidentiality of your SNACKWITH™ online account information and are fully responsible for all activities that occur under your SNACKWITH™ account. You agree to immediately notify SNACKWITH™ of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. SNACKWITH™ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
SNACKWITH™ does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SNACKWITH™ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SNACKWITH™ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SNACKWITH™ in its sole discretion.
You agree to indemnify, defend, and hold harmless SNACKWITH™, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
DISCLAIMER – NO PROFESSIONAL ADVICE
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SNACKWITH™ are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SNACKWITH™. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In an attempt to provide increased value to our visitors, SNACKWITH™ may link to sites operated by third parties. However, even if the third party is affiliated with SNACKWITH™, SNACKWITH™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SNACKWITH™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SNACKWITH™ seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
WAIVER OF CLASS RIGHTS
By entering into this terms of service agreement, you hereby irrevocably waive any and all rights you may have to form, join or participate in any class or legal procedural device. Any claims arising out of, relating to or in connection with this terms of service agreement shall be asserted individually.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SNACKWITH™ products) shall be in the state or federal courts located in San Francisco County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SNACKWITH™ products) must be commenced within one (1) year after the claim or cause of action arises. SNACKWITH™'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SNACKWITH™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any questions or comments you have may be directed to the following contact information [email protected].