Please read the following Terms of Service Agreement carefully. By accessing or using our website and services, you hereby agree to be bound by these terms and conditions, and all terms and conditions incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read these terms and conditions before proceeding to use this website.
1. Introduction
This Terms of Service Agreement (“TOS”) is a legally binding agreement between Bagel Market (the “Company”, “we”, “us” “our”), and any user of the website or services owned or controlled by the Company (the “Customer”, “User”, “you” or “your”), which includes www.bagel.market (the “Site”) and all features and services thereon, including any third-party ordering platforms accessible either directly or indirectly from the Site. By using our Site, you agree, without limitation or qualification, to be bound by, and to comply with, the terms and conditions set out in this TOS, and all terms and conditions, guidelines and policies incorporated herein by reference. For the purpose of this TOS, any and all visitors to our Site shall be deemed as “users” of our services and will immediately be deemed as such upon accessing our Site, and for the avoidance of doubt, whether your means of accessing the Site is from a computer, mobile phone or tablet device, directly or indirectly, this TOS will govern your use in the same way.
The User acknowledges and agrees that the services provided and made available through our Site, which may be made available on various social media networking sites, mobile applications and numerous other platforms, are the sole property of the Company. The Company may at any time and without notice offer additional website services and/or products, or update, modify or revise any current content and services, and this TOS shall apply to any and all additional services and/or products and any and all updated, modified or revised content and services unless otherwise stipulated. The Company shall reserve the right at any time it may deem fit to cancel and cease offering any of the aforementioned services and/or products. You, as the User acknowledge, accept and agree, that the Company shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance (whether temporarily or permanently) of any of our services and/or products. Furthermore, the User understands, acknowledges and agrees that the services offered shall be provided “AS IS” and as such the Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.
The Company may in its sole discretion, at any time and without notice, change or modify the terms and conditions contained in this TOS. If the Company decides to make changes to this TOS, the Company will post a new version on the Site and update the date set forth above. Any changes or modifications to this TOS will not be retroactive, and the most current version of this TOS, which will always be available at www.bagel.market/ terms-of-service, will have immediate effect. Your continued use of the Site after such posting of any updates, changes and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this TOS and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies in effect. Should you not agree to the updated, revised or modified terms, you must immediately stop using the Site.
2. Authorized Users
In order to accept these terms and conditions and to use our services, you must be at least 18 years of age (the “Minimum Age”). The Site and services of the Company are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have all the applicable rights and authority to grant the Company the rights granted herein; and (c) you have read, understood and agree to be bound by this TOS. If you are not at least the Minimum Age or you do not agree to all the terms and conditions of this TOS, you may not use our services.
3. Privacy
The processing of your personal information is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices. By using our Site and its services, you consent to all actions we take with respect to your personal information in accordance with our Privacy Policy.
4. Intellectual Property Rights
You herein acknowledge, understand and agree that the service marks, trademarks, trade dress and other Company logos, branding features and/or product and service names on the Site, and all of the Site’s content, features and functionality (including but not limited to information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by or licensed to the Company, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you shall not copy, display or use in any manner the logo or marks of the Company.
This TOS grants you a personal, non-transferable, non-exclusive and revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform and/or create plagiaristic works of (which are based on the services of the Company), republish, sell or license, broadcast, store or transmit (except as incidental to normal web browsing, such as the making of temporary copies in the cache of your Internet browser or for features of the Site that enable sharing via e-mail and social media).
5. Product Information
We have made every effort to display as accurately as possible the appearance of all products that appear on the Site, including any third-party ordering platforms accessible from the Site. However, users acknowledge, understand and agree that, to the extent that product images are enhanced for graphical affect and website suitability, there may be slight differences in appearance between product images and actual products received.
6. Accuracy of Information
While we make reasonable efforts to ensure the information provided on the Site is accurate, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site.
From time to time there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). 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.
7. Product Information.
All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S.
All products displayed on our Site should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. See product information on each product page. Please consult with your own physician or health care practitioner regarding the use of any products or information received from the Site before using or relying on them. The Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied.
All material and information presented by the Company is intended to be used for personal, educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Site and products sold through the Site are not intended to diagnose, treat, cure or prevent any condition or disease.
The products available on the Site, including any samples the Company may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from the Company. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of this TOS, as determined by the Company in its sole discretion.
8. Prohibited Activities
You are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any related or non-related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related or non-related website. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
9. Shipping
All orders are shipped from the U.S. and transacted in U.S. dollars. For information on our shipping practices CLICK HERE.
10. Refund Policy
You should review the Refund Policy prior to making any purchases on our Site. To view our policies and procedures related to returns CLICK HERE.
11. Purchases
If you wish to purchase any product or service made available through our Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (b) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payments and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
12. Account and Security
You may access the services of our Site by registering for an account on our Site, including any third-party ordering platforms accessible from the Site. You represent and warrant that all required registration or other information (including your email address) you submit is truthful, complete, and accurate and that you will, at all times, maintain the accuracy of such information. When you sign up for an account, you will be asked to choose a username and a password for your account. You may not use a username that is used by someone else.
You are responsible for maintaining the confidentiality of your account information (including usernames, screen names, passwords and billing information). You must notify us immediately of any unauthorized use or theft of your account or any other breach of security with respect to any services. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by us or any third party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in immediate suspension and/or cancellation of your account without refund.
13. Special Features, Functionality and Promotions
The Site may offer certain special features, functionality and/or promotions (such as contests, sweepstakes or other promotional/seasonal offerings) which may (a) be subject to specific terms and conditions, rules and/or policies in addition to or in lieu of this TOS (collectively the “Rules”); 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 such features, functionality and/or promotions, you agree that your use of such features, functionality and/or promotions will be subject to the Rules, and that if the Rules conflict with this TOS, the Rules will apply.
14. Third-Party Links
Either the Company or any third parties may provide links to other websites and/or resources (including without limitation certain social media platforms such as Facebook, Instagram and Twitter). Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products and/or services, advertising, or any other materials, on or available from such third-party sites or resources (including, without limitation, their privacy policies and terms and conditions). Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource. You should carefully review the terms and conditions and privacy policies of all other website pages and websites that you visit.
15. Advertisers
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Site (which may include the payment and/or delivery of goods or services), and any such term, condition, warranty and/or representation associated with such dealings or participation, are and shall be solely between you and any such advertiser. Moreover, you herein agree that the Company shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a result of any such dealings or participation, or as a result of the presence of such advertisers on our Site.
16. Third Party Beneficiaries
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
17. Consent to Receive Notices Electronically
By consenting to the terms and conditions of this TOS, you agree to receive any agreements (including this TOS), notices, disclosures and other communications (collectively “Notices”) from us electronically including without limitation by e-mail or by posting Notices on this Site. Your consent remains in effect until you give us notice that you are withdrawing it, and covers all communications, including those related to any product or service offered by the Company either now or in the future. You agree that all Notices 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 info@bagel.market market and cease your use of the Site. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal.
For the avoidance of doubt, please note that your consent to receive Notices electronically is completely separate from any election you may make regarding receipt of marketing communications (these options are detailed in our Privacy Policy).
18. Copyright Infringement Notices
The Company will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, the Company may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to use the following information:
The Company’s designated Agent for notification of claimed copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Bagel Market
Attn: Copyright Agent
264 W 40TH Street
New York, NY 10018
Email: info@bagel.market
Telephone: (212) 681-6301
19. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding the Site and our products and services. Any information, materials (including without limitation photos and videos), suggestions, ideas or comments (collectively “Submissions”) sent to the Company will not be treated as confidential, proprietary or trade secret information, and by submitting such information you are granting the Company an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, the Company will not use your full name in connection with any such Submissions without your prior written consent.
The Company shall be under no obligation to (1) maintain any Submissions in confidence; (2) pay compensation for any Submissions; or (3) respond to any Submissions.
The Company may, but has no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this TOS.
You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
If you wish to delete any of your submissions on the Site, such as your ratings and reviews posting(s), please contact us by email at info@bagel.market and include the following information in your deletion request: first name, last name, user name (if applicable), email address associated with our Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (where possible). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
20. Cautions for Global Use
Due to the global nature of the internet, we make no representation that the content, services and/or products displayed on our Site are appropriate or available for use in jurisdictions outside the United States, or that this TOS complies with the laws of any other country. Users of our Site who reside outside the United States do so of their own volition and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not us, are responsible for compliance with applicable local laws.
21. Warranty Disclaimer
This Site and its content and services are provided “as is” and/or “as available” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained on the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials on this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
22. Limitation of Liability
The Company shall not be liable in contract, warranty or in tort (including negligence) for any indirect, special, incidental or consequential damages of any kind (including lost profits) related to the Site or your use thereof, even if we have been advised of the possibility of such damages, and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00). Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you.
You agree that no claims or action arising out of, or related to, the use of the Site or this TOS may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
If for any reason you are dissatisfied with the Site, termination of your use of the Site is your sole remedy. We have no other obligation, liability, or responsibility to you.
23. Waiver and Severability of Terms
No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this TOS shall not constitute a waiver of such right or provision.
If any term, provision, covenant or restriction of this TOS is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
24. Resolving Disputes
If a dispute should arise between you and the Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling (212) 681-6301 or by sending an email to info@bagel.market.
If your dispute cannot be resolved using our customer service team, this TOS describes how we shall proceed with the resolution of the dispute.
25. Disputes, Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
With respect to any dispute, claim or controversy regarding the Site, all rights and obligations and all actions contemplated by this TOS shall be governed by the laws of New York, as if the TOS was a contract wholly entered into and wholly performed within New York.
Any dispute relating in any way to your use of the Site, this TOS, or the relationship between the parties (other than claims relating to the intellectual property rights of the Company or our subsidiaries, affiliates, partners or licensors or claims in equity) shall be submitted to confidential arbitration in New York and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator 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.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our subsidiaries, affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your account if applicable) written notice of your decision to opt out to info@bagel.market with the subject line, “Arbitration and Class Action Waiver Opt-Out”. The notice must be sent within thirty (30) days of your agreement to this TOS. Otherwise, you shall be bound to arbitrate disputes in accordance with the above arbitration provisions. If you opt out of these arbitration provisions, the Company will also not be bound by them.
26. Indemnity
You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, agents, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of this TOS; (c) a breach of your representations and warranties set forth in this TOS; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Submissions you made caused damage to a third party. This indemnification obligation will survive the termination of this TOS and your misuse of the Site.
27. Questions and Contact Information
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, report any violations of this TOS, or simply want more information, please contact our Customer Service team at info@bagel.market.