Jarly: Privacy Policy/Terms and Conditions (aka the legal stuff)

1. About Us

We own & operate the website www.Jarly.me. JARLY, INC (“we” or “us”) values its visitors’ privacy. This privacy policy and terms of use is effective December 5, 2016; it summarizes what information we might collect from a registered user or other visitor (“you”), and what we will and will not do with it, as well as the general terms and conditions of our service.

Please note that this privacy policy does not govern the collection and use of information by companies that JARLY, INC does not control, nor by individuals not employed or managed by JARLY, INC If you visit a Web site that we mention or link to, be sure to review its privacy policy before providing the site with information.

2. Registration

By registering with Jarly you are agreeing to all of the terms and conditions, as set out below, and warrant that you are:

  • 18 years, or older
  • Legally able to enter into a binding contract
  • Resident or working in our delivery area

2.1 Account Settings

When you register your account with us you will be asked to select your account settings for delivery preference. These account settings can be changed by you at any time, but their application to your order is subject to order cut off times.

2.2 Change Of Personal Details

You must advise us of any changes to your delivery address as soon as possible, 48 hours prior to the delivery day is the deadline to make any changes. Jarly accepts no liability or responsibility for orders sent to an incorrect address when that address has been supplied by you.

You must advise us of any changes to your payment information. Jarly is not liable for any charges incurred by you due to incorrect or out of date payment information provided by you.

Changes to your personal details can be made via your online account settings.

2.3 Privacy

You must keep your account login information confidential. You are liable for any and all orders made with your account information.

3. Subscription

Jarly is a subscription service. We will continue to deliver to you until your subscription is cancelled, or you elect to skip delivery for a month, after which delivery & payment will re-commence. By subscribing to Jarly, you are agreeing to pay a recurring subscription fee, which is calculated based on your account settings (number of boxes per delivery) for an indefinite period of time, until your account is cancelled in accordance with our cancellation terms.

3.1 Give a Gift

You have the ability to purchase a gift plan for other people through the Sites (“Give a Gift”). We offer various Gift packages, so please visit the Give a Gift page on our website and our FAQs for more information. Gifts are not refundable or redeemable for cash unless otherwise required by applicable law.

4. Ordering

Orders must be made through the website, we do not accept orders via phone. You must reside, or work within our delivery area, and provide a valid credit card number for your account.

You may log into your account before the order cut off deadline and change your delivery option selections for the following week.

4.1 Cut Off Times

Orders must be placed before the first of the following month, for order delivery on the following month.

5. Price

The prices of our products are as listed on our website (except in cases of obvious error), and do not include sales tax.

Jarly will give at least 14 days notice of any changes to our pricing, whether it be an increase or decrease. After this period your bank account will be debited by the revised subscription rate as it applies to your account settings. You do not need to do anything to accept the new pricing rate, although you have no obligation to do so and may cancel your subscription in accordance with the cancellation terms.

6. Payment

Your credit or debit card will be debited immediately following your first order and in the following months, your credit or debit card will be debited on the first day of every month until your subscription is cancelled or suspended.

In the event that your credit or debit card is declined, we will attempt payment processing again on Thursday evening. If your payment is declined again, then we will either contact you to arrange an alternative payment method, or suspend your subscription until the following week.

The name that will appear on your bank statement will be JARLY.ME.

7. Product Availability & Quality

Jarly reserves the right to deliver different goods in each delivery.

In the event that a product was delivered to you either damaged or spoiled, then upon photographic evidence we will credit your account, deliver a replacement product free of charge, or refund you for that item.

8. Delivery

Our delivery area is listed on our website. Orders cannot be made outside of this area.

Jarly reserves the right to add too, delete from, or amend at any time the delivery area. If this negatively affects your subscription service, we will aim to provide notification and communication in advance.

Deliveries are made between 9am and 7pm on the delivery day.

If you will not be home when your box is delivered, please provide delivery instructions for a cool & safe place where it can be left for you. In the absence of any special instructions your box will be left on your doorstop. If the area is warm, your box will be left in a cooler bag. There is a $3.00 fully refundable deposit for the cooler bag and ice packs that are left. To receive the refund, simply leave the cooler bag and ice packs out in the same location, at the time of the next delivery and we will pick them up.

The ownership, responsibility & risk of your order box(es) will transfer to you once delivery has been completed in reasonable accordance with your delivery instructions. Jarly accepts no liability or responsibility for your box once it has been delivered.

9. Specific Dietary Requirements

Our menus are not designed to cater for people with specific allergies or dietary requirements. We cannot provide substitute products to cater to allergies or dietary restrictions.

10. Conditions of the Products

Jarly does not prepare or handle any product, all products are prepared, packed in their own individual packaging, and packed into the box by a different baker/artisan each month. All bakers and artisans Jarly works with, are certified and bake/cook in special facilities that allows them to handle the products and ingredients included in the Jarly Box.

You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. You should always inspect your delivery to confirm the treats arrive in a cool, or room temperature condition. If you have any other reason to believe that any other product in your delivery is not suitable for consumption, take a picture, contact us at CookieJar@Jarly.me and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, use and consumption of the products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.

If you are not at home when your Jarly Box delivery arrives, the delivery driver will generally leave the package for you at your door. Depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your sweet treats prior to consumption. In warm conditions, your Jarly Box will be left in a cooler bag as described in section 8.

11. Subscription Suspension (skip) & Cancellation

You may cancel or skip your subscription at any time. The cut off time for suspension or cancellation is before the first day of each month. Changes to your subscription can be done via your online account settings. The maximum amount of time you may suspend / skip your subscription for 1 month at any one time. No refunds will apply if cancellations or suspensions are made after the cut-off time (first day of each month).

We reserve the right to cancel your account at any time, and for any reason.

12. Cancellation Policy

There are no commitments, you may cancel your subscription at any time. To Cancel, login into your account and click on the “Cancel” button of the order you wish to cancel. If you want to skip a month, just click on the “Skip” button and you’ll skip the following month’s box.

13. Termination

Jarly, Inc reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Postings and Content.

14. Changes to Terms & Conditions

Jarly reserves the right to make changes to these terms and conditions at any time, and without notice. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on December, 5 2016.

15. Intellectual Property

Jarly is the owner of any and all intellectual property on the website, whether registered or not. By subscribing to our service, you authorize us to quote from any feedback you give us, whether directly or via social media in any advertising we choose.

16. Governance, Liability, Warranty, Indemnity & Severability

All of the information on our website is provided in good faith, and while we have undertaken all reasonable steps to ensure its accuracy we do not make any representation or warranty as to its completeness or reliability.

While we will make every effort to ensure its security and continuity, we do not make any representations or warranties that the website will be available at all times, there will be no delays, no errors, no failures, no omissions and that no virus will cause the loss of, or interruption to the transfer of confidential information, or damage to your computer. You must make your own precautions that protect your computer systems from infection by viruses or malicious software.

Jarly accepts no liability or responsibility for any loss, damage, or injury arising either directly or indirectly via defect, use, incorrect use or inability to use the product. You indemnify Jarly against all liabilities, claims, losses & expenses incurred by you in your use of the website and product.

These terms and conditions supersede any & all phone or email conversations.

The laws of the State of Florida and the United States of America apply to these terms and conditions.

If any of the terms and conditions within this document are found unlawful or unenforceable by a relevant authority, then that clause is severed from the remaining terms and conditions within this document, which will remain valid.

17. Offers and Discounts

The following stipulations apply to the promotion allowing customers to claimed a promotion their first subscription box:

The 1st box monthly subscription promotions are limited to 1 per person per household. If it is determined that a person is abusing the promotion, Jarly.me reserves the right to cancel the subscription and refund any associated charges.

Current subscribers or customers who have previously used a promotion code on their first Jarly Box are not eligible for additional promotions on the monthly subscription for 12 months. Jarly.me reserves the right to cancel the subscription and refund any associated charges.

18. Referral Policy

You are allowed to distribute personal referral codes to friends & family, including distribution via facebook posts, twitter posts, Instagram posts, personal blogs, etc., where you are the primary content owner. Public distribution of personal referral codes for commercial purposes, such as voucher websites or any other site where you are not the primary content provider, is strictly forbidden.

Jarly reserves the right to amend, revoke, suspend, or cancel your subscription services, including previous referral credit earned, at any time, should we feel that credit has been earned inappropriately.

Your personal referral code enables you to earn credit towards future box purchases, only when another user provides your referral code upon registering and completing their first purchase. Both the referrer and the referee are entitled to the promotion. Jarly reserves the right to amend, revoke, suspend, or cancel referral sharing at any time.

19. Privacy Policy

What we do with your personally identifiable information

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:

  • your name, company, email address, phone number, billing details, billing address, and shipping address
  • any account-preference information you provide us
  • your computer’s domain name and IP address, indicating
  • where your computer is located on the Internet
  • session data for your login session, so that our computer can ‘talk’ to yours while you are logged in

If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:

  • not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
  • take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
  • not use or disclose the information except:
    • as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
    • in other ways described in this privacy policy or to which you have otherwise consented;
    • in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
    • as required by law, for example, in response to a subpoena or search warrant;
    • to outside auditors who have agreed to keep the information confidential;
    • as necessary to enforce the Terms of Service;
    • as necessary to protect the rights, safety, or property of JARLY, INC, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.

Other information we collect

We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.

Cookies

JARLY, INC may use “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our Web site(s).

External data storage sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Notice to European Union users

JARLY, INC’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.

Information collected from children

You must be at least 13 years old to use JARLY, INC’s Web site(s) and service(s). JARLY, INC does not knowingly collect information from children under 13. (See the U.S. Children’s Online Privacy Protection Act.)

Changes to this privacy policy

We reserve the right to change this privacy policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices. If you have provided us with an email address, we will endeavor to notify you, by email to that address, of any material change to how we will use personally identifiable information.