Terms and Conditions

Effective: 11/17/2020

1. Description

 

Milkify LLC (“we”, “us”, or “Milkify”) welcomes you. We provide access to our website (“Website”) and our Services (as defined below) subject to the following “Terms of Service” which may be updated by us from time to time without notice to you.

By browsing the public areas of the Website or by logging in to access our Services (as defined below), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). 

THESE TERMS CONSTITUTE BINDING LEGAL CONTRACT BETWEEN YOU AND MILKIFY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR ANY OF OUR SERVICES.

 

These terms govern the following services (together or separately, the “Services”) provided by Milkify:

  1. your use of our web page located at www.Milkify.me (the “Site” or “Website”),

  2. your use of our mobile application(s)

  3. your use of our physical breast milk drop off Kiosks (the “Kiosks”),

  4. your use of any “free trial” promotions offered by us, if any, and

  5. all orders of our breast milk freeze drying service

 

2. Communications

 

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing info@Milkify.me.

 

3. Purchases

 

If you wish to purchase any product or service made available through Service (“Purchase”), 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: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) 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 payment 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.

 

4. Quality Assurance

 

Milkify maintains stringent quality assurance protocols to ensure the safety and quality of the Milkify Service. In addition to the standard safety and quality measures we regularly employ, a summary of which may be found at our Website (www.milkify.me).

 

To ensure the highest levels of quality and safety, Milkify will not process any breast milk that fails to meet the criteria for safe processing as determined by Milkify (our “Processing Standard”). Our Processing Standard includes, but is not limited to, the following criteria determined at Milkify’s sole discretion:

 

  1. The breast milk is stored in approved milk storage bags;

  2. The milk storage bags have no visible rips, tears, leaks; and

  1. The breast milk, at the time of receipt by Milkify, is at a temperature of zero degrees Celsius (0°C) or below

 

If any of the Customer’s breast milk fails to meet the Processing Standard, or cannot be freeze-dried for any other reason as determined by Milkify’s good faith assessment, Milkify will promptly notify the Customer. Milkify will immediately discard any unprocessed breast milk in compliance with all applicable laws, rules and regulations.

 

5. Subscriptions

 

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Milkify cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Milkify customer support team.

 

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Milkify with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Milkify to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, Milkify will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

6. Free Trials

 

From time to time, Milkify may, at its sole discretion, offer a free trial of the Service for a limited period of time (“Free Trial”).

 

You may be required to enter your billing information in order to sign up for a Free Trial.

 

If you do enter your billing information when signing up for Free Trial, you will not be charged by Milkify until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

At any time and without notice, Milkify reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

 

7. Fee Changes

 

Milkify, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

Milkify will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

8. Refunds

 

Delivering on our promise to provide you with a safe product is our top priority.

 

We have a 100% satisfaction guarantee, so if you would like a refund for any reason, please let us know and we will process your request promptly. To cancel your subscription or request a refund, please visit your account page or contact us directly by email at info@milkify.me.

 

9. Content

 

Content found on or through this Service is the property of Milkify or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

10. Prohibited Uses

 

By ordering the Milkify Service, Customers represent and agree that:

 

  1. Customer will not use the Milkify Service in any way that violates any applicable local, national, or international law or regulation;

  2. Customer will not use the Milkify Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;

  3. Customer will only use the Milkify Service for personal use, such as to provide milk to Customer’s own child (which includes surrogated or adopted children);

  4. Customer will not use the Milkify Service for any illegal selling, swapping or donating of your powdered breast milk;

  5. Customer is of the age of majority in Customer’s jurisdiction, has the power to enter into binding contracts, and is not barred from doing so;

  6. Customer will not use the Milkify Service to engage in any commercial activities, including, without limitation, acting as an intermediary to provide the Milkify Service to third parties; and

  7. Customer will not otherwise attempt to interfere with the proper working of Milkify Service.

If Milkify has reason to believe that Customer engaged in a Prohibited Use or otherwise violated these terms, Milkify reserves the right to notify the proper authorities and any affected parties, as applicable, of the actual or potential breach.

 

11. Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

 

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

 

 

12. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

 

13. Accounts

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

14. Intellectual Property

 

The Milkify Service, and its features and functionality are and will remain the exclusive property of Milkify LLC. The Milkify Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Milkify LLC.

 

15. Error Reporting and Feedback

 

You may provide us directly at  with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

16. Links To Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Milkify.

 

Milkify has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

YOU ACKNOWLEDGE AND AGREE THAT Milkify SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

17. Disclaimer Of Warranty

 

  1. CUSTOMER, AND NOT MILKIFY, IS SOLELY RESPONSIBLE FOR THE PROPER AND SAFE (I) WASHING OF BREAST PUMP SUPPLIES AND (ii) PACKAGING AND SEALING CUSTOMER’S BREAST MILK. CUSTOMER IS SOLELY RESPONSIBLE FOR FOLLOWING SAFE breast milk expression and handling guidelines as set forth by the cdc – including the requirement that frozen breast milk, once thawed, is immediately used or discarded, but never re-frozen.

  2. MILKIFY SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LIABILITY ARISING FROM DELAYS OR OTHER INCIDENTS RELATED TO THE SHIPPING OF FROZEN BREAST MILK TO MILKIFY.

  3. CUSTOMER ACCEPTS ALL RISK OF LOSS IN THE EVENT OF AN ACT OF OMISSION OR CUSTOMER’S FAILURE TO FOLLOW ANY OF THE TERMS OF SERVICE, INCLUDING (BUT NOT LIMITED TO) CUSTOMER’S FAILURE TO PROPERLY PACKAGE AND SHIP THE MILK TO MILKIFY.

  4. Other than as expressly set forth in these terms, CUSTOMER AGREES TO USE THE MILKIFY SERVICE AT CUSTOMER’S OWN RISK.

  5. MILKIFY HAS MADE EVERY EFFORT TO DISPLAY ITS SERVICES, PRODUCTS AND OTHER INFORMATION AS ACCURATELY AS POSSIBLE. INFORMATION about milkify services appearing on any website (including the milkify website) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. Milkify is NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.

 

18. Limitation Of Liability

 

We recommend that you consult a healthcare specialist prior to ordering the Milkify Service. Actual product packaging and materials may contain ADDITIONAL and different information than what is shown on the Milkify website (www.milkify.me). customer agrees to always read labels, warnings, and directions provided with any products received by milkify before using or allowing any child under customer’s care to consume the product.

 

Milkify complies with all applicable laws, rules and regulations concerning the handling of human milk, including safety guidelines set forth by the Human Milk Banking Association of North America (HMBANA) and packaging guidelines set forth by the Food and Drug Administration (FDA). Milkify observes strict quality control measures in connection with the handling of Customer’s breast milk, however, Milkify cannot guarantee the safety of the product provided to customer to the extent that a risk arises from the circumstances under which the milk was expressed, which are out of the control of Milkify. By ordering the Milkify Service, customer agrees to indemnify, defend, and hold Milkify LLC, and milkify’s respective employees, directors, officers, subcontractors, service providers, and agents harmless against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from customer’s use of the Milkify service in breach or violation of these terms.

 

19. Termination

 

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

 

If you wish to terminate your account, you may simply discontinue using Service.

 

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

20. Governing Law

 

These Terms shall be governed and construed in accordance with the laws of State of Texas without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

 

21. Changes To Service

 

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

22. Amendments To Terms

 

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

 

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

23. Waiver And Severability

 

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

24. Acknowledgement

 

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

25. Contact Us

Please send any feedback, comments, or requests for technical support to:

 

By email: info@Milkify.me.

By phone: (832) 534-0465.

MILKIFY®

1907 Sabine Street #166

Houston, Texas 77007

United States

(832) 534-0465

info@milkify.me

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© 2020 by Milkify LLC