(Updated as of August 15, 2021)

These terms of conditions of purchase and use (the “Terms of Use”) constitute a binding agreement between you (the “User” or “you”) and Kiddush Club LLC, a Delaware limited liability company (“Kiddush” or “we”) in connection with the content and services available on the website clubkiddush.com (the “Site”). Without any limitation, by accessing our servers, websites, or content therefrom, you agree to be bound by these Terms of Use, including our Privacy Policy incorporated herein by reference and other terms and conditions and policies which you may find throughout our Site, all of which are deemed a part of and included within these Terms of Use.

To purchase on the Site, you represent and warranty that you are at least 18 years old and that all information you have provided to Kiddush to gain access to our Site are accurate and truthful.  If you are under 18 years of age, you may only browse the Site if you are over 13 years old but may not make any purchases without your parent or guardian’s permission.

By making a purchase on the Site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by and comply with these Terms of Use, all applicable laws and to collect and pay all applicable taxes.  You must provide accurate information at the time of each transaction on our Site, including a valid email and address. 

Kiddush reserves the right to refuse any purchase of goods for any reasons, at any time or from time to time.  Kiddush reserves the right, in its sole discretion, to terminate or cancel any orders.

IF YOU DO NOT AGREE TO KIDDUSH’S TERMS OF USE, YOU MAY NOT USE ITS SITE.

Article 1 – Meat Products, Kashruth and Notice of Allergens

Kiddush is a user-friendly online platform that offers for sale delicious Shabath meals in the New York area.

Kiddush uses trusted delivery contractors to deliver our delicious Kosher meals to you.

Kiddush’s meals have currently the following Kosher Hasgacha(-ot):

  • Khila kashrut.  Rabbi Adler. 

PLEASE NOTE:

  • At this time, Kiddush does not offer for sale any dairy (Chalav) products. All products sold on the Site contain or may contain or be exposed to meat or poultry (Basar). Unless expressly stated on the Site, such products are not Parve. 
  • Allergens: Users must assume that all products offered for sale on our Site may contain food allergens such as eggs, nuts, peanuts, wheat or soybean.

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site (“Content”). However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be available. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

Article 2 – Orders

You may only place orders from Saturday after Shabbath until Wednesday 11:59 PM E.S.T. via text or WhatsApp at (646) 707-2701 or email at [email protected].

Please note that our customer care service only operates from 9:00 am – 4:00 pm EST from Monday to Friday (on Fridays, we close on 4PM EST or 1h before Shabbath, whatever comes first).

Article 3 – Delivery

The products will be delivered only on Fridays between 7:00 am up until 1 hour before the start of Shabbath.

Article 4 – Refunds

All sales of our food products are final and no refund will be issued, except as provided below.

Please contact customer care from 9:00 am – 4:00 pm EST from Monday to Friday via text or WhatsApp at (646) 707-2701 or email at [email protected] within 2 business days following delivery of the food in case of issues encountered with delivery or with the food.  We will address your concerns on a case-by-case basis.  Any complaints received after the close of business of the second business day following delivery (usually Tuesday at 4PM EST) will be rejected.

Article 5 – Payment 

At this time, we accept the flowing forms of payment by credit card:

  • Visa
  • Mastercard 
  • American Express 
  • Discover 

You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. Sales taxes will be added to the price of purchase. Prices may be changed at any time. All payments shall be in US dollars. 

Article 6 – Grant of Limited Use To Access Site

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site.  The Site does not allow Users to submit or post personal content. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

  • frame or utilize framing techniques to enclose the Site or any portion thereof;
  • use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
  • make any use of the Site or any Content other than for personal use;
  • modify, reverse engineer or create any derivative works based upon the Site or any Content;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  • intentionally violate any applicable local, state, national or international law;
  • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
  • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Article 6 without prejudice to any other remedy provided by applicable law or these Terms of Use.

By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

Article 7—Using your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site.  If you register an account on the Site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms of Use provided herein, and to the extent you do not have such authority you agree to be bound to these Terms of Use and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. 

You may cancel your online account with us at any time by contacting us by email at [email protected]. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

Kiddush reserves the right to shut down without notice your account if you are found to violate this Article 4 or any other provision of these Terms of Use.

Article 8 – Indemnification

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, partners, licensors, shareholders, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of (1) your use of the Site, (2) your breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Article 9 – Breach 

Without limiting any other remedies, Kiddush may, without notice, delay or immediately remove an Account, issue a warning to a User, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:

  • Kiddush suspects a User has breached these Terms of Use or the Privacy Policy;
  • Kiddush cannot verify or authenticate any of User’s personal information; and
  • Kiddush believes that a User is acting inconsistently with the letter or spirit of Kiddush’s policies and/or these Terms of Use, has engaged in improper or fraudulent activity in connection with Kidd ush services or the actions may cause legal liability or financial loss to any User of Kiddush or to Kiddush. 

Article 10 – Resolution of disputes

If a dispute arises between you and Kiddush, the parties will have 30 days from the date of notice of the dispute to resolve it amicably.  If the parties fail to resolve amicably the dispute arising from or relating to the subject matter of these Terms of Use, the use of the Site, the relationship between the parties it shall be finally settled by confidential arbitration in New York County, New York, using the English language in accordance with the American Arbitration Association (“AAA“) under its rules and procedures, including the AAA’s Consumer-Related Disputes Supplementary Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be decided by one commercial arbitrator, who shall be selected in accordance with the AAA rules. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.

YOU AND KIDDUSH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KIDDUSH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Kiddush for all fees associated with the arbitration paid by Kiddush on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this Article. 

You and Kiddush agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available in connection therein) or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

Article 11 – Intellectual Property Rights

All marks, names, logos, drawings, content, code source, software application, functionalities, designs, whether proprietary or non-proprietary, patentable or not, contained in or published on the Site, including its look and feel (the “IP Rights”) are the exclusive property of Kiddush and its subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.  You may not use or reproduce any such IP Rights without Kiddush’s express and written consent.

Article 12 – Privacy Policy

Kiddush will only use personal information only in accordance with its Privacy Policy. If you have any questions regarding our policies or the Content on our Site, please contact our customer support team via text or WhatsApp at (646) 707-2701 from 9:00 am – 4:00 pm EST from Monday to Friday (on Fridays, we, or via email at [email protected]. 

Article 12 – Warranties

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS, KIDDUSH, AND ANY OF ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE OR OTHER BENEFIT THAT YOU MIGHT OBTAIN THROUGH YOUR PARTICIPATION IN THESE TERMS OF USE AND THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE. KIDDUSH DOES NOT PREPARE, MANUFACTURE OR DELIVER FOOD.  KIDDUSH RELIES ON A UNIQUE NETWORK OF PRIME VENDORS SELECTED FOR THE QUALITY OF THEIR KOSHER FOOD THAT HAVE THE REQUIRED LICENSES OR PERMITS WITH THE NEW YORK DEPARTMENT OF HEALTH AND OTHER LOCAL AUTHORITIES TO PREPARE AND SELL FOOD OR FOOD PRODUCTS.  

FURTHER, KIDDUSH DISCLAIMS ANY WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT PRODUCTS THAT MAY BE DISPLAYED IN THE CONTENT ARE SOLD BY THIRD PARTY MERCHANTS, NOT BY KIDDUSH. THE CONTENT MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE SELLING DISPLAYED PRODUCTS, AND THOSE THIRD PARTY WEBSITES MAY BE SUBJECT TO ADDITIONAL TERMS OF USE.  YOU ARE FURTHER ON NOTICE THAT FOOD PRODUCTS OFFERED FOR SALE ON THE SITE MAY CONTAIN ALLERGENS, SUCH AS EGGS, NUTS, PEANUTS, WHEAT OR SOYBEAN.  WE DISCLAIM ANY AND ALL LIABILITIES WITH RESPECT TO THE PRODUCTS SOLD ON OUR SITE.  

YOU ACKNOWLEDGE AND AGREE THAT KIDDUSH IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR ACCURACY OF SUCH THIRD PARTY WEBSITES, OR FOR THE CONTENT, PRODUCTS OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES. KIDDUSH DOES NOT GUARANTEE THE ACCURACY OF CONTENT, AND WILL NOT ASSUME ANY LIABILITY FOR USERS’ (1) PURCHASE DECISIONS (AND THE SUBSEQUENT USE OF PURCHASED PRODUCTS AND SERVICES) THAT MAY BE INFORMED BY, THE INFORMATION PROVIDED IN THE SITE, OR ITS CONTENT OR (2) THIRD PARTIES’ CONTENT, ACTIONS OR INACTIONS, OR YOUR INTERACTIONS WITH ANY THIRD PARTIES IN CONNECTION WITH THE SITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, YOU RELEASE KIDDUSH (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Article 13 – Limitation of liability

ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND KIDDUSH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

KIDDUSH OR ANY OF ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR SUPPLIERS WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, STATUTORY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SITE, IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, KIDDUSH’S LIABILITY SHALL NOT EXCEED $100. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CLAIMS ARISING FROM THESE TERMS OF USE, OR THE SITE.

Article 14 – Changes to Site or Terms of Use

Kiddush reserves the right to make changes to the Site, or these Terms of Use from time to time for any reason.  Any material changes will take effect immediately. Any use of the Site constitutes an acceptance by you of any changes to the Terms of Use or Site. 

Article 15 – Governing law

These Terms of Use shall in all respects be interpreted and governed by the laws of the State of New York, excluding its conflict of laws rules.

Article 16 – Severability

If any provision of these Terms of Use are held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms of Use shall remain in full force and effect.

Article 17 – No agency

You acknowledge that you will not hold yourself out as an agent, partner or co-venturer of Kiddush and that these Terms of Use are not intended and do not create an agency, partnership, joint venture or any other type of relationship with you.

Article 18 – Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to Article 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

Article 19 – Entire Agreement

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.  The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.

Article 20 – Special Events

The Site may offer certain special offerings or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Use, and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

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