Welcome to bezzie and thank you for visiting bezzie.com or our mobile application (collectively, the “Site”). These terms and conditions (“Terms”) are an integral part of the Site and contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
If you do not agree to these Terms, you may not access or use the Site, the Offerings and/or order, receive or use the Products.
If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
These Terms do not alter, and expressly incorporate, the terms and conditions of any other agreement you may have with us with respect to any Products, Offerings or otherwise.
bezzie may change, revise, modify or update these Terms at any time, in our sole discretion and without prior written notice. Any and all changes are effective immediately and we will notify you by posting the revised Terms on the Site and indicate when the changes were made in the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site or the Offerings, or by ordering, receiving or using the Products, or by making any edits or changes to your account, account settings, subscription or plan configuration, preferences, delivery settings and/or any other changes with respect to any past, upcoming or future Product orders, you accept and agree to be bound by the most recent version of the Terms on the Site. However, any changes to the Dispute Resolution and Binding Arbitration provision in Section 12 will not apply to any disputes for which the parties have actual written notice prior to the date the change is posted on the Site. You should, and we expect you to, review these Terms frequently to ensure that you are aware of the terms and conditions that apply when you access or use the Site or Offerings or order, receive or use the Products. If you do not agree to the changed, revised, modified or updated Terms, you may not access or use the Site or Offerings, or order, receive or use the Products.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any Content or Offerings) or the provision of any Products at any time.
If you have any questions about the Terms or the Site we encourage you to access our Frequently Asked Questions page or contact our Customer Service team by emailing us at [email protected].
The Site is not targeted toward or intended for use by anyone under the age of 18. By accessing or using the Site or the Offerings, or by ordering, receiving or using any Products through the Site, you affirm that (a) you are legally capable of agreeing to these Terms, (b) you are at least 18 years old, (c) you are a legal resident of the United States, (d) you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension of removal from the Site, (d) your registration and use of the Site will comply with all applicable laws, (e) you do not have more than one bezzie account, and (f) you have full power and authority to accept and be bound by these Terms.
Access to certain features of the Site is accomplished by registering for a bezzie account with a valid email address and selecting a password upon registration. You are solely responsible for any access, authorized or unauthorized, to your account by any person. By creating an account, you agree to: (i) provide accurate, current and complete account, user and billing information; (ii) maintain and update, as necessary, your account information, (iii) maintain a valid email address and ensure the security of your account password and credentials; (iv) be responsible for your acts or omissions concerning your account or the acts or omissions of any third party who has authority to access or use your account or the Site on your behalf, and (v) notify bezzie promptly of any suspected or actual unauthorized use of your password or security breaches related to your account or the Site. You understand and agree that bezzie may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy any suspected or actual fraud, abuse or wrongdoing, including, without limitation, termination of your account.
You are responsible for, and agree to pay promptly, all charges to your account, including any applicable taxes and other charges incurred by you or anyone you authorize to use your account or the Site on your behalf. You are responsible for keeping all of your account information current, including delivery address, billing information, payment method, telephone number, e-mail address, and, if applicable, an alternate address for delivery of your order. You may update your account information by logging in to the Site or by contacting our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to bezzie, and accept responsibility for all activities that occur under your account or password and for restricting access to your account through your computer, smart phone, tablet or other electronic device. You agree to comply with all applicable laws related to your use or access of the Site, the Content, the Products, the Offerings and these Terms. By creating a bezzie account, you consent to receive electronic communications and notifications from bezzie via email or by posting notices on the Site. These communications and notifications may be about your account, including, without limitation, billing or payment authorizations, changes to your user information and/or account settings, your orders or information about our Products. You agree that any such electronic communications notifications or notices will satisfy any legal communication or notice requirements, including, but not limited to, that such communications or notices be in writing. We encourage you to maintain copies of any and all electronic communications from us by saving paper or electronic copy.
Bezzie offers different subscription plans for our meals and meal kits (“Meal Kit Subscription”). The Meal Kit Subscription is based on the type and quantity of meals you wish to receive and the frequency with which you receive them. Accordingly, the amount you are charged may vary depending on the meal kit plan you select and the number of meal servings you receive. All Meal Kit Subscriptions are continuous subscriptions and you will be charged the applicable price listed for the meal kit plan that you select. Our Meal Kit Subscriptions are also flexible so you may pause your Meal Kit Subscription or skip a delivery as often as you want by managing your subscription or editing your delivery days by logging in to your account and going to the “Settings” page.
WHEN YOU REGISTER FOR A MEAL KIT SUBSCRIPTION (AND EACH TIME YOU CHANGE YOUR SUBSCRIPTION) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BEZZIE AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE PRICE FOR YOUR MEAL KIT SUBSCRIPTION, TOGETHER WITH ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR MEAL KIT SUBSCRIPTION CONTINUES. YOUR MEAL KIT SUBSCRIPTION IS CONTINUOUS UNLESS AND UNTIL YOU PAUSE, STOP OR CANCEL IT OR WE SUSPEND OR DEACTIVATE IT OR STOP PROVIDING ACCESS TO THE SITE OR THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR MEAL KIT SUBSCRIPTION, PLUS ANY APPLICABLE TAXES AND OTHER CHARGES. EVERY TIME THAT YOU USE YOUR MEAL KIT SUBSCRIPTION, YOU RE-AFFIRM THAT WE ARE AUTHORIZED TO CHARGE YOUR PAYMENT METHOD FOR THE PRODUCTS.
You may cancel your Meal Kit Subscription at any time. To cancel your Meal Kit Subscription on the Site, log in to your account, go to the “Settings” page and select “Stop Subscription” or “Stop your account”. You may also cancel your Meal Kit Subscription by emailing us at [email protected]. bezzie prepares and schedules customer orders several days in advance of delivery; if your cancellation does not precede the relevant cut-off time specified on the Site, you may receive (and be charged for) one further delivery following the cancellation of your Meal Kit Subscription.
Terms of payment are within our sole discretion and a valid payment method that we accept must be received by us before our acceptance of an order. By providing a debit or credit card or other payment method that we accept, you represent and warrant that (i) the payment method information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit or debit card company or other payment method provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and other charges, if any, regardless of the amount posted on the Site at the time of your Order. You acknowledge that the amount charged may vary due to Promotions or changes you make to your Meal Kit Subscription, or changes in applicable taxes or other charges, and you authorize us to charge your payment method for the correspondence amount. You may edit your payment method and billing details on the Site by logging into your account and on the Site and going to the Payment page. If your payment method cannot be verified, is invalid or not acceptable, or if a payment method is declined, your order may be delayed or cancelled. If a payment is not successfully settled, and you do not edit your payment method or stop or pause your Meal Kit Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, including as it may be updated.
All prices, discounts and promotions on the Site are subject to change at any time and without notice. The price charged for a Product will be the price in effect at the time the order is placed or the price in effect at the time you make adjustments or changes to a delivery, order, box or Meal Kit Subscription, whichever is later. The applicable Price will be set forth in your order confirmation email and can be viewed on the Site by logging in to your account and going to the “Orders” page. Price increases will apply to orders placed and Products delivered after such changes are made. If the prices and applicable charges for the Meal Kit Subscriptions change, notice of such changes will be provided to you in accordance with Section 2 (Registration, Account and Settings). The prices posted on the Site do not include applicable taxes or other charges. We will not notify you of any changes to any applicable taxes. The shipment of Products to you after we provide notice of a change will confirm your acceptance of such changes unless you pause, stop or cancel your Meal Kit Subscription in accordance with the policies set forth in this Section 3 (Subscriptions and Billing). We strive to publish accurate price information. However, we may on occasion make inadvertent typographical errors, inaccuracies or omissions relating to pricing and/or availability of Products. We reserve the right to correct any such errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
We aim to ensure that each of our Products are available at all times. All of our Products are, however, subject to availability.
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell or deliver the Products to you. We may choose not to accept orders at our sole discretion at any time, including after we send you an email with your order number and delivery details for the Products you ordered.
Available delivery days and times may vary depending on the location of your delivery address. Available delivery dates and delivery time windows can be viewed on the Site. You can make changes to, skip, or cancel an upcoming order prior to the scheduled delivery day within the time specified on the Site. You will be responsible for all charges (including any applicable taxes and other charges) with respect to any delivery not skipped or canceled within the time specified on the Site. We will use reasonable endeavors to make delivery to you on the day selected by you on the Site, or within the period of time specified on the Site.
OUR PRODUCTS ARE DESIGNED FOR PET CONSUMPTION. Our food is specifically formulated for pets – not people!
Our Products are formulated to be shelf-stable for up to 12 months from the time of production. However, we recommend that they are consumed within three (3) months of receipt. You are responsible for determining the freshness of the Products you receive and should always inspect all of the Products for any damage or other issues upon delivery. You agree to follow all directions on the packaging of our Products, including with respect to refrigeration.
Title and risk of loss for all Products pass to you upon delivery. You, and not bezzie, are solely responsible for the proper and safe storage and serving of all Products following delivery.
To receive delivery of our Products, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments of Products to a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. Additionally, after your second order with Bezzie you may elect an alternate receiver located within your building or near your delivery address to accept your delivery. This alternate receiver may accept your goods when you are not present at the time for delivery and shall accept the goods under all of the same terms and conditions that would apply had you received the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your alternate receiver are not present, we will use commercially reasonable efforts to contact you. In certain areas, Bezzie may offer unattended delivery.
If something is missing from your order, please contact our Customer Service department at [email protected].
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as reasonably possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
We may offer you a free trial with your membership and Meal Kit Subscription. Any such free trial offered to you will set forth the duration and other terms for the particular trial. Unless expressly stated otherwise, free trials may not be combined with any other offers or Promotions. bezzie reserves the right, in its sole discretion, to determine your eligibility for a free trial. Free trials are limited to one (1) per household. We reserve the right, in our sole discretion, to suspend or cancel your membership for any violation of the terms of a free trial.
AT THE END OF YOUR FREE TRIAL, WE (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL AUTOMATICALLY BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS, THE PRICE FOR YOUR MEAL KIT SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL KIT SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR MEMBERSHIP OR MEAL KIT SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. YOU WILL NOT RECEIVE NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR MEAL KIT SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME WITHOUT NOTICE, TO MODIFY OR TERMINATE FREE TRIALS.
If you are not satisfied with a Product, Meal Kit or particular meal ingredient that you ordered on the Site, please contact us via e-mail at [email protected] within seven (7) days of the date the Product was delivered. Depending on the circumstances, we may, in our sole discretion, provide you with a credit that will automatically be applied to future deliveries under your Meal Kit Subscription or we may, in our sole discretion, provide you a full or partial refund of the purchase price for that Product. We may require the return or photograph documentation of the Product with which you are dissatisfied before we provide you a credit or refund.
We will collect applicable sales, use and other tax (collectively, “Tax”) on Products delivered to jurisdictions in which we determine we have a duty to charge tax on your order based on the local and state laws.
You are not permitted to resell or otherwise use the Products for commercial purposes.
From time to time, bezzie may display content from third parties through the Site, in email or other communications or with the delivery of our Products to you containing information about products and services being offered by other companies or third parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and we make no representations or warranties of any kind, express or implied, regarding such Third Party Content, including, without limitation, its accuracy or completeness.
From time to time, certain of our Products may be offered and purchased through a third party (“Third Party Purchase”). Your interaction with any such third party concerning a Third Party Purchase is solely between you and the third party. bezzie does not control, endorse or adopt, and makes no representations or warranties of any kind, express or implied, regarding any Third Party Purchase. Such Third Party Purchases may be governed by the third party’s own terms, conditions and policies (separate from and wholly unrelated to these Terms). Any Third Party Purchase made by you is at your own risk.
From time to time, bezzie may offer Promotions such as a contest, sweepstake or discount pricing. Your use or acceptance of a Promotion indicates your acceptance of these Terms and any other terms that may be applicable to a particular Promotion. You understand and agree that bezzie shall not be liable to you or any third party for any claim in connection with your or the third party’s use or acceptance of any Promotion.
From time to time, we may offer gift cards, discount promotions, rewards, credits and other types of vouchers (collectively, “Voucher”). If you purchase and pay for a Voucher, the Voucher is deemed to have been sold at the time of payment. Your use or redemption of any Voucher indicates your acceptance of these Terms and any other terms that may be applicable to a particular Voucher.
A Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one Voucher is allowed to be applied per order.
We reserve the right to withdraw or cancel any Voucher (other than a validly funded gift card) for any reason at any time.
Vouchers may only be redeemed through the Site and not through any other third party website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout.
Any discounts associated with a Voucher apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
Bezzie Vouchers can only be used to purchase eligible Products on the Site. We reserve the right in our sole discretion to exclude the use of Vouchers on certain Products.
The Site, including all Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Bezzie. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Bezzie for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Bezzie is strictly prohibited. You acknowledge that Bezzie and/or Third-Party Content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Bezzie reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately upon written notice from Bezzie.
“bezzie,” all bezzie logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of MMM Consumer Brands Inc or otherwise proprietary to MMM Consumer Brands Inc and may not be used by you for any reason without our prior written permission. All other trademarks, service marks, product names, and company names or logos appearing by and through the Site, the Products and the Offerings are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site, the Products or the Offerings.
If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on the Site, please provide MMM Consumer Brands Inc with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information – name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You understand and agree that you are solely responsible for your conduct, including any and all acts and omissions that occur, while using or accessing your account or the Site. You agree that you will comply with these Terms and will not engage in any unacceptable use or access of the Site, the Products, the Content or the Offerings, including, but not limited to, that you will not:
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless bezzie and our past, present and future directors, officers, employees, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, third party information providers, merchants, licensors, predecessors, successors and assigns (individually and collectively, the “bezzie Parties”), from and against all actual or alleged bezzie Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Site, Content, Products or Offerings by you or any third party you authorize to access or use the Site, Content, Products or Offerings, (b) any Content you create, post, share or store on or through the Site, Social Media or our Interactive Services or any other platform, (c) any reviews, comments, or feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify bezzie of any third party Claims, cooperate with the bezzie Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the bezzie Parties shall have the right to control the defense or settlement of any third party Claims subject to indemnification by you, and you shall cooperate with us as reasonably required by us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and bezzie.
YOU ARE SOLELY RESPONSIBLE FOR, and assume all risks related to, the proper and safe storage, handling, SERVING, use and consumption of the products, including, without limitation, all ingredients.
ALL PRODUCTS AND THE SITE AND THE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BEZZIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED, AND ANY WARRANTIES THAT ARISE FROM TRADE, USAGE, CUSTOM, COURSE OF DEALING, OR OTHERWISE. BEZZIE DOES NOT ADOPT OR ENDORSE ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR THIRD PARTY. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER’S OR A THIRD PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
WE ATTEMP TO DISPLAY THE PRODUCTS, CONTENT AND OFFERINGS YOU VIEW ON THIS SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING YOU THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND. YOU FURTHER AGREE THAT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS DISPLAYED ON THE SITE DUE TO A VARIETY OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT THE PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.
BEZZIE DOES NOT GUARANTEE THE ACCURACY OF ANY NUTRITIONAL INFORMATION PROVIDED ON THE SITE OR IN THE MATERIALS PROVIDED WITH PRODUCTS. BEZZIE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE PRODUCTS YOU PURCHASE, SERVE, AND FEED TO YOUR PETS ARE IN ACCORDANCE WITH YOUR PETS’ DIETARY NEEDS OR RESTRICTIONS, INCLUDING AS TO TYPE AND AMOUNT. EVERY PET IS UNIQUE AND IT IS YOUR RESPONSIBILITY TO MONITOR THEIR REACTION TO THE PRODUCT AND MAKE ANY NECESSARY ADJUSTMENTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT BEZZIE STORES, PORTIONS, AND PACKS MEALS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS). ALTHOUGH BEZZIE TAKES PRECAUTIONS TO LIMIT THE POTENTIAL FOR CROSS-CONTAMINATION, BEZZIE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
IT IS YOUR RESPONSIBILITY TO VERIFY WHETHER OUR PRODUCTS ARE SUITABLE FOR YOUR PETS. WE ARE NOT VETERINARIANS AND DO NOT OFFER VETERINARY ADVICE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR PRODUCT FOR YOUR SPECIFIC PET, AND DISCLAIM ALL LIABILITY ASSOCIATED WITH ANY ADVERSE REACTIONS. IF YOU ARE CONCERNED ABOUT WHETHER OUR PRODUCTS ARE SUITABLE FOR YOUR PET, PLEASE CONSULT WITH YOUR VETERINARIAN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BEZZIE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND INTERACTIVE SERVICES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND THE BEZZIE PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BEZZIE PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BEZZIE PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE OFFERINGS, OR THE INTERNET.
BEZZIE’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PRODUCTS, THE SITE, THE CONTENT AND THE OFFERINGS AND TO TERMINATE YOUR MEMBERSHIP AND MEAL KIT SUBSCRIPTION. BEZZIE RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Except for any dispute, claim, suit, action, demand or controversy (collectively, “Disputes”) arising under Section 7 (License and Proprietary Rights), or Disputes in which either party seeks to resolve in small claims court, or Disputes seeking injunctive or equitable relief related to the use of intellectual property, including, but not limited to, copyrights, trademarks, trade names, logos, trade secrets or patents you and Bezzie are agreeing to give up any rights to litigate any and all Disputes in a court or before a jury. Instead, any and all Disputes (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and bezzie arising from or relating in any way to the Site, these Terms, Content, Products or Offerings will be resolved exclusively and finally through binding arbitration.
For any Dispute arising from or relating in any way to the Site, Content, Products or Offerings, you and bezzie agree that such Dispute will be resolved through arbitration on an individual basis, and you and Bezzie give up any right to bring such Dispute as a class action, class arbitration or other representative action. Neither you nor bezzie are entitled to join or consolidate claims by or against other individuals in court or in arbitration or otherwise participate in any claim or Dispute as class representative or representative of another individual or group of individuals, or in a private attorney general capacity. The arbitrator has no power to consider the enforceability of this class action waiver and any challenge to the class action waiver may only be raised in a court of competent jurisdiction. The interpretation and enforceability of this Section will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the fullest extent permitted by law.
You agree to notify bezzie in writing of any Dispute potentially subject to resolution in arbitration or small claims court within thirty (30) days of the date it arises, so that the parties can attempt to resolve the Dispute informally. Notice to bezzie shall be sent by emailing us at [email protected] or by certified mail or courier service to MMM Consumer Brands Inc, Attn: Customer Care, 519 8th Ave, 19th Floor, New York, NY 10018. Our notice to you will be sent electronically in accordance with Section 15 (Notices). If you and bezzie cannot resolve the Dispute within thirty (30) days after the date notice is received, then either you or bezzie, as appropriate, may submit the Dispute to arbitration or, to the extent specifically permitted by Section 17.1 (Binding Arbitration), small claims court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 8 (USER CONDUCT) OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND BEZZIE AGREE THAT ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE CLAIM UNDERLYING THE DISPUTE IS PERMANENTLY BARRED. You and Bezzie agree that (a) any arbitration will occur in the State of New York, County of New York, (b) any arbitration will be conducted confidentially by a single arbitrator, and (c) that the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If any provision of this Section 12 (Dispute Resolution and Binding Arbitration) is found to be invalid or unenforceable, the invalid or unenforceable provision will be severed and the remaining provisions of this Section 12 (Dispute Resolution and Binding Arbitration) will remain valid and enforceable. The waivers set forth in Section 12.2 (Waiver of Class Actions Class Arbitrations and Representative Actions) are severable from the other provisions of this Section 12 (Dispute Resolution and Binding Arbitration) and these Terms and will remain valid and enforceable, unless held to be invalid or unenforceable by a court of competent jurisdiction or as otherwise may be prohibited by applicable law.
You may elect to pursue your claim in small claims court rather than binding arbitration if you provide us with written notice of your intention to do so within sixty (60) days of the date you first accepted these Terms and this Section 12 (Dispute Resolution and Binding Arbitration). Such written notice must include your full name, clearly state your intent to opt out of binding arbitration and be sent by certified mail or courier service to MMM Consumer Brands Inc, Attn: Customer Care, 519 8th Ave, 19th Floor, New York, NY 10018. By opting out of arbitration, you are agreeing to resolve Disputes in small claims court or, for Disputes that cannot be heard in small claims court, in accordance with Section 13 (Governing Law and Venue).
All matters arising out of or relating to these Terms, your access to or use of the Site, and your order, receipt and use of the Products shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. Any Dispute between you and Bezzie that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York.
These Terms are effective as set forth herein and shall continue in full force and effect until terminated. Bezzie reserves the right, without notice and in our sole discretion, to suspend or terminate your account and your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in the event of termination and that you will not be entitled to any refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
To You: bezzie may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, (ii) by a posting to the Site, or (iii) by conventional mail to your address you provide in your account.
To Us: To give us notice under these Terms, you must contact us as follows: (i) by emailing us at [email protected], or (ii) or by certified mail or courier service to MMM Consumer Brands Inc, Attn: Customer Care, 519 8th Ave, 19th Floor, New York, NY 10018.
These Terms constitute the entire agreement between you and bezzie relating to your access to and use of the Site and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of bezzie. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision in these Terms in any prior, concurrent or subsequent circumstance. bezzie’s failure to assert any right or remedy or other provision of these Terms shall not constitute a waiver of such right, remedy or provision.
These Terms are for the benefit of the bezzie Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf.
These Terms and all obligations and restrictions upon you or persons you authorize to use the Site, the Content, the Products or the Offerings as may be permitted under the Terms shall survive the expiration of these terms and the termination of your bezzie account.
Please also visit the bezzie Terms and Conditions (“Terms and Conditions”) that explain other terms governing the use of our Site and associated bezzie Offerings. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms and Conditions.
Thank you for accessing the Site. The Site is an Internet property of MMM Consumer Brands Inc (“bezzie,” “we,” “our” or “us”). At bezzie, we are committed to protecting the privacy and security of your personal information.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that bezzie is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the bezzie Offerings are not endorsed, administered or sponsored by any of those parties.
We are not responsible for the content on, or privacy practices of, any non-bezzie.com web site to which this Site links or that links to this Site.
bezzie, and any third parties acting under bezzie’s authorization, will not collect any personal information about you, or information about your pets, except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer/pet preferences data. Examples of ways in which we may collect such information from you include the following:
Registration and Ordering. Before using certain parts of this Site, registering to enter one of the Promotions and/or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, depending on the applicable registration form, including, but not limited to, your name, shipping and billing addresses, phone number, email address and credit card number. In addition, you may also be asked to provide your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to verify entry into a Promotion, to ship any prizes won in connection with the applicable Promotion, to communicate with you about your order and this Site, and for internal data modeling and marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
Email Addresses. Some areas of the Site allow you to enter your email address for purposes including, but not limited to: registering for a particular service or activity, registering to enter a Promotion or opening a bezzie account. If you choose not to provide your email address when prompted, you may not be able to engage in some or all of those activities.
Data-Append Services. bezzie may work with one or more data-modeling and/or data–append services which allow bezzie to learn more about you from other websites, based on the information you have permitted bezzie to gather directly (including your email address).
Log information. When you access the bezzie Site our servers automatically record information that your browser sends whenever you visit a website. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. This log information is not linked to personal information unless you are an active customer, or have otherwise provided such information to us. Third parties may also use tracking technologies such as web beacons, images, scripts and cookies to track information in the aggregate on our Site for analytics purposes. bezzie does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.
Cookies. Like most other websites, bezzie uses cookie technology throughout this Site. A cookie is a small removable data file that is stored by your web browser on your computer which often includes an anonymous unique identifier. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items. bezzie uses both session and persistent cookies on this Site; session cookies expire at the end of a particular visit to our Site, while persistent cookies (also called stored cookies) remain active until you disable them through your browser settings, or until a pre-set expiration date. Unfortunately, customers who turn off cookies in their browser settings will not be able to shop from this Site.
We do not sell or rent information about our customers or their pets and all information provided to bezzie remains absolutely confidential, except that:
We may share aggregate or summary information regarding our customers or their pets with partners, advertisers or other third parties. This data will never identify you personally.
We may share information with companies that provide support services to us (such as a printer, mailing house, fulfillment company, delivery company or web host) or that help us market our products and services. This information may also be shared with marketers whose products or services we feel may be of interest to you. These companies may need information about you in order to perform their functions. These companies are not authorized to use any personal information or information about your pets we share with them about you or your pets for any other purpose.
We will use your personal information and information about your pets to communicate with you about your orders and deliveries, and we may send you a confirmation email when you register/place an order with us. If you submit your email address to open a bezzie account, we use it to deliver the information to you. In addition, if you submit your email address in connection with registering for a Promotion, we may use your email address to communicate with you regarding your participation in the applicable Promotion.
We may be required to disclose such information in response to subpoenas, court orders, requests from law-enforcement officials, or if we are otherwise required to disclose such information by law.
We may publicly disclose the name, city, and state of the winner of any online sweepstakes.
We may share your personal information or information about your pets with other members of an information co-op, whereby data from each member is shared with all other members of the co-op.
We may share your email address, or other information you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, number and type of pets, and product and service preferences, with third-party partners (including Facebook®) for purposes of their provision to us of services, and/or our collection of information from such sources, based on such information solely for use in connection with our internal data-modeling and/or marketing or similar activities. Such third-party partners are not authorized to use your email address for any other purpose.
As we develop our business, we might sell or buy businesses or assets. In the event of a company sale, merger, reorganization, dissolution, or similar event, the personal information and other information you provide to us or that we have gathered about you may be part of the transferred assets.
Shopping on the Site is easy, secure and worry-free. We have taken several measures to guarantee that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with Microsoft Internet Explorer (version 3.0 and above), Netscape Navigator (versions 2.0 and above), AOL (AOL 3.0 and above), and many other browsers..
SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any information you transmit to us is sent at your own risk.
You agree that your information will be held by bezzie in the United States and may also be held and accessed by bezzie staff and third parties working for bezzie inside and outside the United States. If your information is gathered outside the United States, you agree that it may be transferred to bezzie’s United States offices to be used for these purposes, and it may be transferred to and shared with any of bezzie’s worldwide locations
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.
Upon your request, we will: (a) correct or update your personal information or information about your pets; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing your request to bezzie’s Customer Support department at [email protected]. Please clearly label the subject line “Opt Out / Corrections,” and do not email your credit-card number or other sensitive information.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for bezzie Offerings, your participation in a Promotion and to respond to any inquiry or request made by you, as applicable. To opt-out of receiving bezzie Offerings-related, Promotions-related and inquiry response-related messages from bezzie, you must cease requesting and/or utilizing the bezzie Offerings, cease participating in the Promotions and cease submitting inquiries to bezzie, as applicable.
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at [email protected].
Please view the bezzie Terms and Conditions, which explain other terms and conditions governing our Site and associated bezzie Offerings.