Web Site Terms and Conditions of Use – Updated 8/28/2018
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND MODEST COFFEE, INC. (“WE” OR “MODEST COFFEE”), THE OWNER AND OPERATOR OF THE WWW.MODEST-COFFEE.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Modest Coffee if your child breaches or disaffirms any term or condition of this Agreement.
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Modest Coffee may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
2. Use License
- Permission is granted use license on Modest Coffee, INC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Modest Coffee, INC’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modest Coffee, INC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Terms of Sale
3.1 – Sales of Products and Memberships to End Users Only
Modest Coffee sells coffee and other coffee brewing supplies (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Modest Coffee’s then-current pricing page located on the Site at: http://www.modest.coffee/coffee. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Modest Coffee reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, Modest Coffee will refund the amount paid for your most recent month of service. Refund requests must be made directly to Modest Coffee at orders@modest.coffee. All refund requests must be made within thirty (30) days of the date of shipment by Modest Coffee. Modest Coffee is not liable for products that are damaged or lost in transit to Modest Coffee.
Promptly following Modest Coffee’s receipt of your request (typically within five (5) business days), Modest Coffee will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Modest Coffee does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Modest Coffee will not provide a refund for a request that is received for more than thirty (30) days after the date of original shipment.
The materials on Modest Coffee, INC’s web site are provided “as is”. Modest Coffee, INC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modest Coffee, INC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
3.4 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
Modest Coffee accepts credit card payments only. You agree to pay all fees charged to your account based on Modest Coffee’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Modest Coffee or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Modest Coffee reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. Payments will be processed on approximately the same day each month. If payments can not be processed on the same day of the next month, payment will be moved forward to the next earliest business day. All sales and payments will be in US Dollars.
Modest Cofee and Modest Coffee’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Modest Coffee and Modest Coffee’s third party payment service provider at the election of your credit card issuer. Neither Modest Coffee nor Modest Coffee’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER: Modest Coffee will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by You during the Membership sign-up process, will charge your credit card with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month. You may cancel your Membership at any time by logging on to your account within www.modest-coffee.com. To cancel a membership, please login to your account on the Site and select the “View Messages” link on the left side of the page, then send a message requesting cancelation. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, please email orders@modest-coffee.com. Modest Coffee requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
3.5 – Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.6 – Export Restriction
Modest Coffee and Membership subscriptions are only available for addesses located in the 50 states of the United States.
3.7 – Referral Rewards
Modest Coffee Referral Rewards are non-binding, non-transferable and have no cash value. Modest Coffee reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the rewards value structure, offers and any merchandise or service. Modest Coffee reserves the right to adjudicate all discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Referral Rewards balance on your account page.
Reward Coupons are eligible for new customers to Modest Coffee only, and redemption of Reward Coupon shall trigger a Referral Reward to to the referrer. Modest Coffee may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Referral Rewards program at any time.
Reward Coupons are meant to be offered and available to referrer’s personal network. Reward Coupon Codes posted to coupon sites or other such networks of which the referrer is not personally responsible may be deleted and deactivated with or without notice. Continued violation of this policy may result in the referrer being banned from participation in the Modest Coffee referral program entirely.
Modest Coffee may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the program for breach of these Referral Rewards program Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Referral Reward program Terms and Conditions. Modest Coffee reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Modest Coffee deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Referral Reward program Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the program or site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Modest Coffee to be generally inconsistent with the intended operation of the program. Any decision Modest Coffee makes relating to termination or suspension of any Member’s participation in the program shall be final and binding in all respects. Modest Coffee shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Referral Reward program Terms and Conditions or intent of these Referral Reward program Terms and Conditions.
4. Limitations
In no event shall Modest Coffee, INC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Modest Coffee, INC’s Internet site, even if Modest Coffee, INC or a Modest Coffee, INC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Modest Coffee, INC’s web site could include technical, typographical, or photographic errors. Modest Coffee, INC does not warrant that any of the materials on its web site are accurate, complete, or current. Modest Coffee, INC may make changes to the materials contained on its web site at any time without notice. Modest Coffee, INC does not, however, make any commitment to update the materials.
6. Links
Modest Coffee, INC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modest Coffee, INC of the site. Use of any such linked web site is at the user’s own risk.
7. Governing Law
Any claim relating to Modest Coffee, INC’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.