LYFE KITCHEN Subscription Program
Terms and Conditions
1. Eligibility: By clicking on the Application, you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them. To be eligible for the “LYFE +” monthly subscription and loyalty program, you must be at least 18 years old.
Your acceptance of these Terms creates a binding contract governing the terms of your membership in the LYFE + program, and no other statements, representations, materials, or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms LYFE Kitchen may make in accordance with Section 15. LYFE Kitchen’s Terms of Use governing your access and use of LYFE Kitchen’s websites, mobile applications, and other products and services are also incorporated into these Terms. However, in the event of a conflict between the Terms of Use and these Terms, these Terms will prevail.
2. Membership Benefits; Accounts: Subject to the limitations and exceptions as applicable, including as otherwise set forth in these Terms, LYFE + members are entitled to member benefits as provided from time to time by LYFE Kitchen. The member benefits are presented in more detail on the LYFE + Benefits page located at https://lyfekitchen.myguestaccount.com/en-us/guest/ at LYFE Kitchen’s website located at www.lyfekitchen.com (the “Website”) and in the event of a conflict between the benefits listed on the LYFE Kitchen website and these Terms, these Terms will prevail. Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled with LYFE + membership. You must present your LYFE +s membership number with every transaction to ensure accurate tracking of your membership benefits and usage. To be eligible for membership benefits, your account must be (1) open, (2) in good standing, and (3) current membership fees must have been paid. Abuse of LYFE + membership (for example, by failing to follow the Terms, allowing others to use your membership number, or other improper conduct as determined by LYFE Kitchen in its sole discretion) may result in termination of your membership (in which case you may utilize your remaining balance of current membership fees paid) and disqualify you from future participation. In the event your membership is used without your authorization, immediately notify Member Services at (708) 215-5674 to have the membership number deactivated. At the same time, you should also immediately alert the payment card issuer to which your LYFE + membership is linked. In the event of any issues or discrepancies regarding membership benefits, you must notify LYFE Kitchen within 90 days (to the extent permitted by law) of your original transaction by calling Member Services at (708) 215-5674.
3. Program Levels: As an active subscriber, you will pay a monthly recurring fee based on the level you select ($200, $300 or $500 level) and receive a corresponding monthly paid credit (the “Monthly Amount”) and a single-use promotional credit (the “Bonus Award”) to use toward in-store LYFE Kitchen food purchases or pickup (“Eligible Purchases”). The Monthly Amount and Bonus Award credits cannot be used for delivery orders. Your paid Monthly Amount balance never expires, does not incur fees, and rolls over from month to month. However, the Bonus Award is a promotional credit that does not roll over; any Bonus Award that is not applied to an Eligible Purchase by the end of the monthly billing cycle in which it was issued expires and is forfeited.
• $200 Level: Receive $225 in monthly food purchase credit, consisting of your $200 Monthly Amount plus a single-use up to a $25 Bonus Award.
•$300 Level: Receive $350 in monthly food purchase credit, consisting of your $300 Monthly Amount plus a single-use up to a $50 Bonus Award.
•$500 Level: Receive $600 in monthly food purchase credit, consisting of your $500 Monthly Amount plus a single-use up to a $100 Bonus Award.
Usage and Order of Redemption: When you make an Eligible Purchase, your account will automatically draw first from your Bonus Award, second from your Monthly Amount, and third from Loyalty Program amounts (if any) as set forth below in “Loyalty Program Perks”. Both the Bonus Awards and Loyalty Program Perks amounts are single-use credits that can only be applied to one Eligible Purchase per credit. When used, the entire Bonus Award or Loyalty Program Perks amount is fully consumed by that single transaction, even if your purchase amount is less than the total value of the Bonus Award or Loyalty Program Perks amount. Any unused portion is instantly forfeited at the time of that transaction and cannot be applied to any future purchase or Eligible Purchase. Bonus Awards and Loyalty Program Perks have no cash value.
Example 1: If you are at the $200 Level and make an Eligible Purchase of $210, your account will be drawn down first for the entire $25 Bonus Award, second from your Monthly Amount for $185, and third from Loyalty Program Perks amounts (if any). If your Monthly Amount balance was $200 before the Eligible Purchase, your remaining Monthly Amount balance will be $15.
Example 2: If you are at the $200 Level and make an Eligible Purchase of $15, your entire $25 Bonus Award will be completely used and fully exhausted. Your paid Monthly Amount will not be reduced, no portion of that month’s Bonus Award will remain, and Loyalty Program Perks amounts will not be changed or utilized.
Cancellation and Refunds: Upon cancellation of your LYFE + subscription, any unredeemed Bonus Awards associated with your account will immediately expire and be forfeited. However, your accumulated paid Monthly Amount balance will not be lost. Your remaining paid Monthly Amount will stay on your account as a non-expiring digital store credit, which you can continue to use for an Eligible Purchase at LYFE Kitchen until the balance is fully exhausted. No cash refunds will be issued for remaining balances upon cancellation (except where required by applicable law).
4. Loyalty Program Perks: In addition to your selected subscription level, active LYFE + subscribers are automatically enrolled in the LYFE Kitchen loyalty program and are eligible for the following benefits, which may only be used for Eligible Purchases and not for any delivery orders:
• Initial Perks For Joining: After joining, you will receive a one-time up to $10 food credit after spending $25.
• Ongoing Spending Rewards: Receive up to a $5 food credit after every $100 spent (excluding any Bonus Award or Loyalty Program Perk amounts used).
• Birthday Perk: Receive a birthday reward of one regular menu item (valid only during your calendar birth month).
All perks (joining, ongoing spending, birthday, or any others) must be utilized within 90 days of perk award grant or the perk expires and is terminated. Perks have no cash value and are not redeemable for cash. Upon cancellation of your LYFE + subscription, your remaining Loyalty Program Perks amounts will stay on your account as a non-expiring digital store credit, which you can continue to use for an Eligible Purchase at LYFE Kitchen until the balance is fully exhausted. No cash refunds will be issued for remaining balances upon cancellation (except where required by applicable law).
5. Membership Term, Changes and Renewal: All memberships are on a month-to-month basis, and your membership automatically renews each month on the monthly anniversary date of your date of joining. You hereby authorize this recurring monthly automatic renewal. If you cancel your membership, fees already charged are non-refundable. In addition, it is your responsibility to inform LYFE Kitchen of any changes to your membership record and information. Changes to your membership account and information, other than cancellations, may be submitted online through the Member Information page available on the Website at https://lyfekitchen.myguestaccount.com/en-us/guest/accountlogin. All cancellations may only be made online through the Member Information page available at https://lyfekitchen.myguestaccount.com/en-us/guest/subscription. Fees will be due for any cancellations or changes not submitted prior to the LYFE + program processing time for a particular charge, as specified above.
6. Fees: All fees charged are non-refundable except as expressly set forth in these Terms or as required by applicable law. Notwithstanding when fees are billed to a LYFE + member, all benefits and perks are activated promptly following registration in the program.
7. Limitations; Legal Compliance: Member benefits are non-transferable. Membership in the LYFE + program is void where prohibited. By joining, you represent that (i) your membership and receipt and use of any goods, services, or other items received do not and will not violate any applicable law or regulation and (ii) you are at least 18 years old. LYFE Kitchen has the right to terminate or suspend the program, or your membership, at any time and for any reason whatsoever, including, without limitation, following a change in law.
8. Unavoidable Delay: In the event of any circumstances outside of the control of LYFE Kitchen and which prevent, hinder or delay LYFE Kitchen from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials, LYFE Kitchen’s obligations will be suspended for the term of such event or LYFE Kitchen may elect to cancel the program or membership for the affected members.
9. Disclaimer: YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE LYFE + PROGRAM, THE GOODS AND SERVICES PROVIDED BY LYFE KITCHEN AND ALL OTHER BENEFITS RELATED TO THE PROGRAM ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LYFE KITCHEN AND ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LYFE KITCHEN OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE PROGRAM OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE PROGRAM, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LYFE KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability: Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF LYFE KITCHEN FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR MEMBERSHIP DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT LYFE KITCHEN WOULD NOT PROVIDE MEMBERSHIP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Indemnification: By joining the LYFE + program, you agree to defend, indemnify, and hold harmless LYFE Kitchen and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, demands, actions, suits, or other proceeding brought by a third party, and associated losses, liability, penalties, damages, costs and expenses that arise out of or relate to your misrepresentation as to any information provided to LYFE Kitchen, your breach of any of these Terms or any misuse of any goods, services or other benefits of membership.
12. Personal Information: LYFE Kitchen requires certain personal information from you to verify and administer your membership, which is governed by our Privacy Policy (https://chwinery.com/privacy-policy). For more information about how we collect, use, and share personal information, please review the terms of our Privacy Policy. You authorize LYFE Kitchen to send you marketing communications and special offers as part of your subscription membership or loyalty program benefits. To change your Marketing Preferences, please visit the Member Information page available at https://lyfekitchen.myguestaccount.com/en-us/guest/accountlogin . If you are concerned about the information you have provided to LYFE Kitchen or have any questions regarding the retention of that information, please visit the Member Information page available at https://lyfekitchen.com/privacy-policy. LYFE Kitchen will make reasonable efforts to resolve any concerns.
13. Governing Law; Venue: These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in Cook County, Illinois with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the membership. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE LYFE + SUBSCRIPTION AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
14. Miscellaneous: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms, together with the Terms of Use and Privacy Policy, constitute the entire agreement between you and LYFE Kitchen with respect to your membership in the program and the goods, services and benefits provided by LYFE Kitchen.
15. Change in Terms: These Terms shall remain in full force and effect while you are a member of the program, and only LYFE Kitchen may, in its sole discretion, modify the Terms or add or delete any of the membership rules, conditions, benefits or rewards, in whole or in part. LYFE Kitchen may make any such changes at any time, with or without notice, even though such changes may affect the value of awards or bonuses or perks already accumulated, the value of the rewards and/or the time of redemptions; provided, however, that any revision shall not apply to disputes of which LYFE Kitchen had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit https://lyfekitchen.com/loyalty-terms-conditions on the Website.
