Last Updated: 05/02/2023
Thank you for using Bakkal!
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE
These Terms of Service “Terms” govern your use of the Bakkal services, including Bakkal’s website, Bakkal’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Bakkal (collectively, the “Services”), and are entered into by you and CARSLY INC (dba Bakkal Corporation), a Delaware corporation (“Bakkal”). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
Your Use of the Services
The Services are provided by Bakkal to you on a limited, non-exclusive, non-transferable, and revocable basis if you comply with these Terms and Bakkal’s policies. Any part of the Services may not be copied, modified, distributed, sold, or leased. You may not reverse engineer or attempt to extract the source code of Bakkal’s Services unless such restriction is prohibited by law or you have Bakkal’s written permission. Access to the Services should only be accomplished through the interfaces that Bakkal has provided for such purpose, and you should not interfere or attempt to disrupt the Services.
Depending on your device, you may have the option of accessing the Services through downloadable software, which may automatically update on your device. There may be portions of software, or parts of software, in the Services that are licensed under open source licenses. When this occurs, Bakkal will make these licenses available to you. In the event of a conflict between such a license and these Terms, the open-source license will govern, but only with respect to the software, or portion of the software, to which it applies.
You may visit the site without registering to become a member. However, in order to enjoy all the benefits of the Services, you must register and become a member. If you are using Bakkal Services for its intended purposes, you represent and warrant that you are at least 18 years of age (or at least 13 years of age and visiting under the supervision of a parent or guardian) and legally able to enter into binding contract.
You represent and warrant that if you are using Bakkal Services on behalf of a business or other entity, you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. As a user of your account, you agree that you are responsible for all conduct and transactions made in your account. You further agree that you will take precautions to keep your password and other account information secure. In addition, you agree to comply with all applicable laws when accessing or using the Services. Please respect others that you encounter while using the Services, including Third-Party Providers and Bakkal personnel, including those that support Bakkal’s Help Center. In its sole discretion, Bakkal reserves the right to decline orders, refuse partial or full deliveries, terminate accounts, and/or cancel orders at any time.
Our services are continually being modified and improved. Bakkal reserves the right to introduce new features, change existing features, or remove existing features from the Services at any time without prior notice. If you provide Bakkal with feedback or comments regarding the Services, you grant Bakkal the right to use those comments and feedback for any purpose without restriction or compensation to you.
You can request cancellations, refunds, or returns by logging into your account and completing the appropriate forms or viewing our Help Center articles to obtain further information.
When you create a Bakkal user account, you consent to receive communication from Bakkal or Third-Party Providers, as well as email, text messages, calls, and push notifications to the cellular phone number you provided Bakkal. By using the Services, you acknowledge and agree that you may receive communications generated by an automatic telephone dialing systems or prerecorded messages sent by Bakkal, its affiliated companies, or Third-Party Providers, including, but not limited to, communications regarding orders placed through your account. Message and data rates may apply. You may opt out of receiving promotional emails, text messages, or other communications at any time in Your Account Settings. If you no longer wish to receive text messages from Bakkal, you may unsubscribe by responding “STOP” from the mobile device receiving the messages.
3RD PARTY PRODUCTS AND CONTENT
Bakkal is not responsible for any products, content, services, websites, advertisements, offers, or any other information provided by third parties and made available through the Services, nor is Bakkal responsible for any interactions with third parties (including retailers). By purchasing, using, or accessing any such products, content, services, advertisements, offers, or information through the Services or interacting with any Third Party Provider, you agree you do so at your own risk. Bakkal will not be responsible for your action.
You may be entitled to a credit or a refund if you are dissatisfied with our services in connection with your use of this Site. Bakkal will not issue a credit or refund to your account without your prior communication with them and description of the issue in detail. In all cases, Bakkal has complete discretion as to whether a refund will be provided. Nothing herein establishes any obligation on the part of Bakkal to offer a credit or refund to you. Any acceptance by you of a credit or refund offered by Bakkal constitutes a full release, waiver, and discharge of any claim you may have against Bakkal, Bakkal’s parent company or affiliates, or their directors, officers, employees, or agents, that arises from or relates to the incident giving rise to your request for a credit or refund.
Bakkal Coupons & Promotional Credits
Bakkal Signup Credit Promotions are unique to each user and NOT TRANSFERABLE. Bakkal Signup Credit Promotion is available only once per household and may not be combined with any other promotion. Bakkal signup credit promotion have no cash value and may be limited to one per user unless otherwise disclosed. If the terms are violated, Bakkal reserves the right to refuse service and deactivate the user’s account. Unless otherwise stipulated in writing by Bakkal, all promotional credits provided to you under this section will expire after thirty (30) days.
Bakkal Coupons are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help consumers save money on the products they like. Coupons are available for a limited time only and may have restrictions and terms imposed by the manufacturer. All coupons are subject to change, cancellation, or expiration without notice. Coupons may not be transferred, sold, or copied. There is no cash value to coupons and they are only valid for one time per user. The coupon is only valid for a limited period and cannot be used in any state that restricts or prohibits coupon use. Coupon offers do not apply if you don’t purchase the qualifying items added to your cart while the coupon is still valid. Offers may only be applied to items displaying the coupon and cannot be combined with other offers or mail-in rebates. Bakkal is neither a retailer nor a seller. Manufacturers of the advertised products issue and pay for coupons that are valid when applied to the qualifying product. In addition to any applicable tax or levy, you acknowledge that Bakkal has no obligation to pay any such tax or levy associated with the distribution or use of the coupon. If coupons are redeemed, sales tax may be applied to the undiscounted original price of the item(s). The coupon discount or value will be deducted from the return credit if you return any of the products purchased with a coupon.
Bakkal has a strict policy for account termination and users who violate it may lose their account.
CHANGES TO THE TERMS
We may make changes to these Terms from time to time in our sole discretion. When Bakkal does so, we will post the most current version of the Terms on Bakkal’s website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or notification on the Services). Changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Changes to these terms will not apply retroactively. Your continued use of the Services following the posting of revised Terms means that you agree and accept to the changes. If you do not agree to modified Terms, you should discontinue your use of the Services
SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS & LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BAKKAL DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BAKKAL MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BAKKAL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
BAKKAL DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT BAKKAL WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.
YOU AGREE THAT NEITHER BAKKAL NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD-PARTY PROVIDER. NEITHER BAKKAL NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER. BAKKAL (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS)
SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF BAKKAL (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS)
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAKKAL (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS)
WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR BAKKAL’S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR. IN NO EVENT SHALL BAKKAL’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
DMCA AND TAKEDOWNS POLICY
We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to email@example.com with the subject “Takedown Request” and include the following:
1) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
2) Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
3) Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
4) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
5) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6) Your physical or electronic signature.
7) A statement that the information in the written notice is accurate.
8) If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.
You may also send notices containing the above-required information to the following Address:
ATTN: Copyright Agent
330 N Marine Ave
Wilmington, CA 90744
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
1) Your physical or electronic signature.
2) An identification of the removed or disabled material, along with the location where it appeared before it was removed or disabled.
3) Detailed contact information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
4) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
5) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
6) Our designated agent to receive counter notices is the same as the agent shown above.
7) The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
8) Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.
You agree to defend, indemnify and hold harmless Bakkal and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Bakkal user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.
Disputes & Arbitration (we need an email and mailing address for arbitration opt-out )
This provision (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Bakkal that arises out of or relates to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Bakkal as a consumer.
Before initiating proceedings against Bakkal, you agree to contact Bakkal first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Bakkal agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with Bakkal as a consumer.
Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Bakkal each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND BAKKAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND BAKKAL ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND BAKKAL OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER BAKKAL USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.
Opt-out of Mandatory Arbitration– PLEASE READ CAREFULLY: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Bakkal at firstname.lastname@example.org with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Except as described below for California residents, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at www.adr.org. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.
The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Bakkal. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Bakkal.
You and Bakkal agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
The arbitration will be held in the United States county where you live or use the Services, or a location you and Bakkal mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Bakkal submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.
The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.
For California residents, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in effect at the time the arbitration demand is made. The ADR Services Rules are available at: https://www.adrservices.com/services/arbitration-rules/. In the event of any conflict between the ADR Services Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.
For California residents, the Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the ADR Services Rules (the “ADR Arbitrator”). The ADR Arbitrator will decide the rights and liabilities, if any, of you and Bakkal. The ADR Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The ADR Arbitrator shall follow the applicable law. The ADR Arbitrator’s decision is final and binding on you and Bakkal.
For California residents, you and Bakkal agree that the ADR Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The ADR Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
For California residents, the arbitration will be held in the California county where you live or use the Services, San Francisco, California, or any other location you and Bakkal mutually agree upon in writing.
For California residents, the ADR Services Rules will govern the payment of all filing, administrative or arbitrator fees (“ADR Services Arbitration Fees”), but in no event will you be responsible for any portion of those fees in excess of the initial filing fee. After you pay your portion of any initial filing fee, Bakkal shall pay any remaining costs and expenses unique to arbitration, including, without limitation, the arbitrator’s fees and any ADR Services administrative or case management expenses.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
The use of our services can be discontinued at any time without any prior notice to us. Furthermore, Bakkal reserves the right to terminate your or any other user’s access to all or part of the Services at any time, without prior notice. The provisions of Section 1 and Sections 4-19 will survive and will continue to apply in the event of termination
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California for residents of the United States
Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Bakkal, shall constitute the entire agreement between you and Bakkal with respect to the Services and any use of the Services. In the event any provision of these Terms is ruled invalid by a court of competent jurisdiction, that provision will only be limited to the minimum extent necessary while all other provisions will remain valid.
Bakkal’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Bakkal may assign its rights, licenses, and obligations under these Terms without limitation.
Bakkal respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Bakkal will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Bakkal’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Bakkal’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Bakkal may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright Agent
330 N Marine Ave
Wilmington, CA 90744
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Bakkal’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
If you have any questions, or comments about these Terms please contact Bakkal at:
330 N Marine Ave
Wilmington, CA 90744
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254
The Services consist of a technology platform that permits you to select among one or more online stores (each called a “Retailer”) and request to have goods picked and packed by a personal shopper for delivery to your location or for you to pick up in-store. You may use the Services to purchase goods from retailers, and third parties may perform the pick-up, packaging, and delivery of those goods. These third parties may be Retailer employees, independent contractors, or provider logistics companies (collectively termed “Third Party Providers”).
It is acknowledged that services provided by Third Party Providers are provided by independent contractors, who are not employed by Bakkal. Unless otherwise stated, Bakkal does not supervise, direct, or control the performance of services provided to you by Third Party Providers.
By using the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you selected delivery services, the delivery of those goods by Third Party Providers. Please note that unless otherwise stated, Bakkal and the Third Party Provider will collectively serve as your agents for the purposes of ordering, picking, packing, and/or delivery of goods purchased by you, with the Retailer being the seller of the goods. It is agreed that your purchase will be made from the retailer you have selected, that the retailer is the merchant of record, and that title to the goods pass to you when they are purchased from the retailer. Upon your purchase, Bakkal or its retailer will obtain a credit card authorization for the credit card that is on file with Bakkal, and your card will be charged in full for the goods you purchased in conjunction with all applicable fees, taxes, and tips.
Bakkal reserves the right to change the fees it charges for its Services, including, but not limited to, delivery fees, service fees, and heavy order fees. Your card will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, or weight adjustments. Retailers set the prices of goods on the Services, and sometimes Retailers set prices for goods on the Services that are different from that in-store. Users may view retailers’ pricing policies from their storefronts, both on the website and through the Bakkal app.
Furthermore, you acknowledge and agree that Bakkal does not form an employment or agency relationship with you. It does not hold title to any goods purchased through the Services, except as otherwise expressly provided in these Terms or a separate agreement between you and you Bakkal.
There may be times when information on the Services contains typographical errors, inaccuracies, or omissions with regard to pricing, product descriptions, and promotions. If any information on the Services is inaccurate, Bakkal reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).