Terms of service
Last Updated Date: June 14, 2026
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING A PURCHASE ORDER FOR PRODUCTS OR OTHERWISE USES SERVICES FROM THIS PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE NOT AT LEAST 18 YEARS OF AGE.
These Terms of Services ("Terms") set forth the rights, obligations, and responsibilities of Kurly and the User in using the e-commerce-related services (the "Services") provided by Kurly Co., Ltd. and its subsidiary Kurly Global, Inc. (collectively, "Kurly") through the Platform.
[Products may be offered by different sellers. Shelf‑stable Products are sold by Kurly Co., Ltd., while frozen Products are sold by Kurly Global, Inc. Each purchase order is between you and the seller identified for the applicable Product. To the extent you purchase frozen Products, Kurly Co., Ltd. acts solely as a technology and marketplace service provider to facilitate your purchase order through the Platform and is not the seller of such Products. Kurly Global, Inc. is the seller of frozen Products and is solely responsible for those Products, including product quality, packaging, delivery, and compliance with applicable laws. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KURLY CO., LTD. DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO PRODUCTS SOLD BY KURLY GLOBAL, INC.]
1. "Platform" means a virtual place of business operated by Kurly Co., Ltd. at http://www.kurlyglobal.com/us, through which Kurly offers products (the "Products") and related Services to Users.
2. "User" means any individual who accesses the Platform or otherwise uses the Services provided by Kurly under these Terms.
3. "Member" means a User registered as a member of the Platform who is eligible to use the Services on an ongoing basis.
4. "Business Day" means any day other than a Saturday, Sunday, or federal holiday in the United States.
5. "Service Area" means the fifty (50) contiguous United States, excluding Army or Fleet Post Office addresses, Post Office Box addresses, and U.S. territories such as Guam and Puerto Rico.
Article 3 [Specification, Explanation and Amendment of Terms]
① Kurly may, at any time, amend these Terms, provided that such amendment does not violate applicable law.
② If Kurly amends these Terms, it shall post the Last Updated Date and the amended Terms on the Platform. The amended Terms shall become effective immediately upon posting. However, if any amendment is materially unfavorable to Users, such amendment shall be posted with a grace period of at least thirty (30) days, and Kurly shall make reasonable efforts to provide individual notice by email to Members.
③ A User’s continued use of the Services following the Last Updated Date constitutes acceptance of the amended Terms. Any Member who does not agree to the amended Terms may terminate their account in accordance with Article 7.
④ Kurly may establish and operate detailed operating policies, rules, guidelines, and supplemental terms related to the use of the Services (collectively, the "Operating Policies"), and shall post the same on its Platform. The Operation Policies, together with these Terms, form a part of the agreement between Kurly and the User (the "Agreement").
⑤ Kurly may separately establish terms and conditions for certain services (the "Individual Terms"), and if a User agrees to the Individual Terms, such Individual Terms shall form part of the Agreement. If the Individual Terms contain any provision that conflicts with these Terms, the Individual Terms shall prevail.
Article 4 [Provision and Change of Services]
① Kurly provides the following Services:
1. e-commerce services, including the sales and delivery of Products;
2. Customer support services related to the foregoing; and
3. Such other services as Kurly may determine from time to time.
② If the Products are out of stock or if there is any change in technical specifications, Kurly may modify the Products details and estimated delivery dates on its Platform.
③ If Kurly changes the Services previously agreed on due to stock availability or technical changes, Kurly shall notify the affected User for such change by email or through the Platform.
Article 5 [Suspension or Discontinuation of Services]
① Kurly may suspend or discontinue the Services for any or no reason, including scheduled maintenance, system repairs, upgrades, security incidents, or interruption of communications infrastructure.
② If Kurly permanently discontinues the Services due to a reason not caused by Users, Kurly shall notify Users in the manner set forth in Article 6 and shall process refunds for any prepaid but undelivered orders in accordance with Article 16.
Article 6 [Notice]
① Notices from Kurly to a Member may be given by e-mail to the address on file or by posting on the Platform.
② For notices applicable to all Users, Kurly may post such notices on the Platform for at least seven (7) days in lieu of individual notices, provided however, that Kurly shall provide individual notice to Members regarding matters materially affecting their orders or account.
① A User may apply for membership by completing the registration form designated by Kurly on the Platform and agreeing to these Terms.
② Kurly shall accept a User’s application for membership unless any of the following applies:
1. The applicant previously lost membership pursuant to Article 8; provided, however, that this shall not apply if three (3) years have passed and Kurly has approved re-registration;
2. Less than three (3) months have passed since the applicant voluntarily withdrew from membership;
3. The applicant has provided false, incomplete, or inaccurate registration information;
4. If the applicant is under eighteen (18) years of age or lacks legal capacity to enter into a binding agreement under applicable law;
5. The applicant’s shipping address is outside the Service Area; or
6. Registration would be significantly disruptive to Kurly's technical operations or is otherwise in appropriate.
③ The membership shall become effective at the time Kurly's acceptance is communicated to the Member.
④ If there is any change in the Member’s registration information, the Member shall notify Kurly of such change within a reasonable period, and any consequences arising from the Member's failure to make such change shall be borne by the Member.
Article 8 [Withdrawal from Membership; Termination]
① A Member may terminate their account at any time by submitting a request through the Platform. Kurly shall promptly process termination within a commercially reasonable time; provided, however, that if the Member has any outstanding liability to Kurly, an ongoing transaction , or an investigation into suspected misconduct pending, account termination may be delayed until such matter is resolved.
② A Member shall not commit any of the following acts or the prohibited acts in Article 22(1).
1. Failing identity verification;
2. Maintaining duplicate accounts;
3. Using the same or similar credentials across multiple accounts in a manner designed to circumvent Platform rules; or
4. Re-registration during a period of active restriction or suspension.
In any of the foregoing cases, Kurly may restrict, suspend or terminate membership, and Member whose membership is terminated shall be restricted from re-registration.
③ If a Member violates any of the provisions set forth in the preceding Paragraph, Kurly may, without notice, terminate the benefits (e.g., discount coupons) previously provided to the Member or take measures to restrict the use of the Services (e.g., cancellation of orders, cancellation of delivery). In addition, Kurly may set off any claims against the Member against amounts owed by Kurly to the Member.
④ Before terminating a Member’s account, Kurly shall notify the Member and provide an opportunity to respond within at least thirty (30) days prior to the termination.
IV. Ordering and Purchase
① A User may place an order on the Platform by completing the following steps:
1. Search and selection of Products;
2. Entry of recipient's name, shipping address within the Service Area, and contact information;
3. Review and confirmation of applicable terms, refund restrictions, and shipping fees;
4. Submission of the purchase order and confirmation by Kurly; and
5. Selection of payment method
② Kurly's collection, use, and disclosure of personal information in connection with purchase orders is governed by the Kurly Global Privacy Policy, available at https://www.kurlyglobal.com/policies/privacy-policy.
Article 10 [Formation of Contract]
① Kurly may decline a purchase order if:
1. The purchase order contains false, incomplete, or erroneous information;
2. The purchaser seeks to purchase age-restricted Products;
3. The purchase order exceeds normal quantity, volume, or weight limitations;
4. The purchaser has a pattern of cancellations or returns for reasons not attributable to Kurly;
5. The purchase order involves automated, fraudulent, or unlawful methods;
6. Payment for the purchase order is rejected or returned for any reason or Kurly is otherwise unable to collect payment;
7. The sale of the Products is suspended by government order;
8. The purchaser’s membership is restricted, suspended or terminated pursuant to Article 7; or
9. Accepting the purchase order would be significantly disruptive to Platform operations.
② A purchase contract shall be deemed formed when Kurly's acceptance is communicated to the User in the form of an order confirmation.
③ If Kurly discovers any of the conditions set forth in Paragraph (1) above after accepting a purchase order, Kurly may immediately cancel the purchase order. In such case, Kurly shall refund any payment received for the cancelled purchase order to the payment method used for the purchase order.
④ Kurly's order confirmation shall contain information confirming the User’s purchase order, availability of Products, and instructions for modifying or cancelling the purchase order.
⑤ No Orders may be placed by Users under the age of eighteen (18).
① Payment for the Products may be made using any payment methods accepted by Kurly. Acceptable payment methods may include:
1. Visa, Mastercard, American Express, Discover, Diners Club;
2. Apple Pay;
3. Google Pay;
4. PayPal; and
5. Shop Pay.
Kurly reserves the right to change the acceptable payment methods at any time and to refuse any payment method.
② By providing a payment method, User represents and warrants that they are authorized to use the payment method.
③ By making a purchase order, User authorizes Kurly to charge the payment method provided for the purchase order. User further authorizes Kurly to credit or debit the payment method for any refund, underpayment, overpayment, charges, taxes, fees, or other costs in connection with the purchase order. If any payment is rejected or otherwise returned, User authorizes Kurly to retry the payment as permitted by applicable law and payment network rules.
④ Users may store one or more payment methods for future use.
⑤ All prices are displayed in U.S. dollars. Users are responsible for any applicable taxes, import duties, custom fees, and other governmental charges as described in Article 15.
⑥ Kurly may use a service provider in connection with verifying payment methods and processing payments. Any such service provider may act on Kurly’s behalf under this Article 11.
① Kurly may, directly or through a third party, issue discount coupons for use on the Platform by determining the eligibility, method of issuance, validity period, terms of use, and the amount of discount, etc. Kurly may specify the applicable terms at the time of issuance.
② Discount coupons are non-transferable, and may not be sold, traded or converted to cash, and shall automatically expire upon the stated expiration date, cancellation of the applicable purchase order, or termination of the Member’s account. Coupons applied to a partially cancelled purchase order will not be restored or compensated in cash.
③ If a Member obtains or uses a discount coupon through unauthorized means or for an improper purpose, Kurly may void the discount coupon, cancel the purchase order placed using such discount coupon, suspend or terminate the Member’s account, and seek recovery of any damages incurred by Kurly as a result of the Member's conducts.
④ Any and all unused discount coupons are forfeited immediately upon termination of membership and shall not be restored upon re-registration.
Article 13 [Order Confirmation; Changes and Cancellations]
① Upon receiving a User's purchase order, Kurly will send an order confirmation to the User by email.
② A User may request change or cancellation of the purchase order at any time prior to shipment, and Kurly shall process such request without delay. If the purchase order has already been prepared for shipment or shipped, the User may seek a refund after delivery pursuant to Article 17. Address changes are only possible before shipment and cannot be made after the purchase order has shipped.
Article 14 [Delivery of Products]
① Kurly will ship Products in accordance with its Shipping Policy, available at [https://www.kurlyglobal.com/blogs/notice/shipping-policy], which is incorporated into these Terms by reference. By using the Services, the User acknowledges and agrees to the terms of the Shipping Policy, , as may be updated from time to time.
② Delivery Area. Kurly delivers to the Service Area.
③ Delay Notifications. In the event of a shipping delay (including delays caused by customs processing, public holidays, or local regulations), Kurly shall notify the affected User by email. Users experiencing a delivery delay may cancel the purchase order and receive a full refund.
Article 15 [Customs Duties and Taxes]
① For shelf-stable products shipped internationally from Korea, Kurly performs the customs clearance through its designated transportation and customs clearance service provider. All customs duties, VAT, and customs processing fees incurred in connection with international shipments are covered in full by Kurly.
② The User shall be responsible for all state and local sales or use taxes imposed on Product purchases. Kurly shall collect and remit applicable sales taxes as required by law.
Article 16 [Refund for Unavailable Products]
③ If Kurly is unable to fulfill a purchase order due to stock unavailability or other reasons, Kurly may cancel the purchase order and shall promptly notify the User and refund any payment received for the purchase order to the payment method used for the purchase order.
① A User may request a refund within seven (7) days from the date of the delivery of the Products. Refunds may be restricted if: (a) the Products are destroyed or damaged due to the User’s fault; (b) the value of the Product has materially decreased due to the User’s use or the passage of time (e.g., perishable goods); or (c) applicable law permits restriction on refund in the circumstances.
② Notwithstanding the preceding Paragraph, if Products are materially inconsistent with their description, labeling or advertisement or have been delivered inconsistently with the purchase order, the User may request for a refund within three (3) months from delivery or within thirty (30) days from the date the User discovered or reasonably should have discovered such inconsistency.
③ Refund Process. Refund requests may be submitted through the Platform's inquiry form or by emailing support@kurlyglobal.com.
① Refunds will be processed to the payment method used for the purchase order. If the original payment method is unavailable (for example, due to expiration) or the refund is otherwise returned or rejected, Kurly may issue the refund as store credit or, at Kurly’s discretion, via an alternative method provided by the User.
② Kurly does not charge any penalty to a User for a refund eligible under these Terms. Additional details regarding the refund process may be posted on the Platform.
Article 19 [Privacy and Data Protection]
① Privacy Policy. Kurly's collection, use, storage, disclosure, and protection of personal information is governed by the Kurly Global Privacy Policy, available at https://www.kurlyglobal.com/policies/privacy-policy, which is incorporated into these Terms by reference. By using the Services, the User acknowledges and agrees to the terms of the Privacy Policy.
② General Audience Platform. The Services are not intended for individuals under the age of eighteen (18). If Kurly becomes aware that it has collected personal information from an individual under eighteen (18), we will promptly delete such information.
Article 20 [Kurly's Obligations]
① Kurly shall: (a) use commercially reasonable efforts to provide Products and Services in a continuous and stable manner; (b) comply with all applicable law in connection with the operation of the Platform; and (c) maintain commercially reasonable security measures to protect User data. Where there is any inconsistency between the provisions of these Terms and applicable law, applicable law shall control.
Article 21 [Member's Obligations Regarding Account Security]
① Members shall be solely responsible for maintaining the confidentiality of their account credentials (usernames and passwords).
② Members shall not share, transfer or permit a third party to use their account credentials.
③ If a Member becomes aware of any unauthorized use their account, the Member shall immediately notify Kurly at support@kurlyglobal.com. Kurly shall not be liable for any loss arising from the Member's failure to maintain the security of their account credentials.
Article 22 [User's Obligations]
1. Provide another person's information, or false or misleading information, or omit material information during registration or use of the Services;
2. Access or attempt to access another User's account or personal information without authorization;
3. Interfere with another User's use of the Platform or misappropriate another User’s information;
4. Fail to pay the price of Products purchased through the Platform or any other amounts owed to Kurly when due;
5. Alter information posted on the Platform without authorization;
6. Use the Services in an unauthorized manner, or attempt to access the Platform’s systems without authorization;
7. Transmit or upload viruses, malware, or unauthorized software to the Platform;
8. Infringement of intellectual property rights of Kurly or any third party;
9. Defame, harass, or interfere with the business of Kurly or any third party;
10. Post or transmit obscene, violent, hateful or otherwise harmful content;
11. Purchase Products for commercial resale without Kurly's prior written consent;
12. Use the Platform in any manner that is inconsistent with customary e-commerce practices or that provides an unfair advantage;
13. Use any automated means (including bots, scrapers, or crawlers) to access the Platform;
14. Engage in any act prohibited by applicable law or these Terms, or contrary to public order; or
15. Otherwise undermine Kurly’s operations or interfere with Kurly's business including by habitually or repeatedly cancelling or returning Products for reasons not attributable to Kurly.
Article 23 [Intellectual Property Rights]
① All intellectual property rights in and to the Platform, including but not limited to the website design, text, graphics, photographs, product images, logos, trademarks, software, and all other content created or provided by Kurly (collectively, "Kurly Content"), are and shall remain the exclusive property of Kurly or its licensors. Users retain ownership of content they create and post on the Platform (such as product reviews) ("User Content").
② Users shall not reproduce, distribute, publicly display, create derivative works of, reverse engineer, or commercially exploit any Kurly Content without Kurly's prior written consent.
③ Kurly respects the intellectual property rights of others. If Kurly is notified of or otherwise becomes aware of infringement of a User's intellectual property rights by a third party, Kurly shall use commercially reasonable efforts to take protective measures and notify the affected User.
④ By posting User Content on the Platform, the User grants Kurly a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works of such User Content in connection with operating, promoting, and improving the Products and Services.
⑤ A User may request deletion of their User Content at any time by contacting privacy@kurlycorp.com, and Kurly shall use commercially reasonable efforts to remove such content within a reasonable time, subject to any license previously granted hereunder and any legal retention obligations.
Article 24 [User Content and DMCA Policy]
① The User is solely responsible for all User Content posted on the Platform. Kurly may remove, edit, or restrict access to User Content without prior notice if it determines, in its sole discretion, that such content:
1. Is defamatory, harassing, or disparaging;
2. Contains or promotes illegal activity;
3. Infringes any third party's intellectual property, privacy, or publicity rights;
4. Is obscene, pornographic, or constitutes hate speech;
5. Is harmful to minors;
6. Discloses another person's personal information without consent;
7. Contains unauthorized advertising or commercial solicitation;
8. Is irrelevant to the applicable Product or Service;
9. Constitutes spam or repetitive content;
10. Contains malware, viruses, or malicious code;
11. Interferes with Platform operations; or
12. Otherwise violates these Terms or applicable law.
② Kurly may remove product reviews associated with cancelled or returned Orders.
③ DMCA Notice and Takedown. If you believe that any User Content on the Platform infringes your copyright, you may submit a notice of claimed infringement to Kurly's designated DMCA agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). Notices must be sent to: [support@kurlyglobal.com]
Each notice must include: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the allegedly infringing material and its location on the Platform (such as a URL); (iii) the complainant's contact information (name, address, telephone number, and email); (iv) a statement that the complainant believes in good faith that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that the complainant is the copyright owner or is authorized to act on behalf of the owner; and (vi) the complainant's physical or electronic signature.
④ Counter-Notification. Upon receipt of a valid DMCA notice, Kurly shall promptly remove or disable access to the allegedly infringing content and notify the User who posted it. If the User believes the takedown was made in error, the User may submit a counter-notification in accordance with 17 U.S.C. § 512(g).
⑤ Kurly reserves the right to remove content even absent a formal takedown notice if there is a reasonable basis to believe that content infringes third-party rights or violates these Terms.
⑥ Repeat Infringer Policy. Kurly will terminate the access to Sevices for Users who are repeat infringers of intellectual property rights in appropriate circumstances.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
Article 25 [Warranty Disclaimers]
① DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KURLY PROVIDES THE SERVICES AND ALL PRODUCTS SOLD THROUGH THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. KURLY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KURLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KURLY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM.
② THE FOREGOING DISCLAIMER DOES NOT AFFECT THE PRODUCT QUALITY GUARANTEES SET FORTH IN ARTICLE 17(1) OR ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KURLY'S WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.
Article 26 [Limitation of Liability]
① Kurly shall not be liable for failure to provide the Services due to force majeure events, including but not limited to natural disasters, acts of government, war, terrorism, pandemics, labor disputes, or failures of third-party infrastructure.
② Kurly shall not be liable for interruptions in Service caused by the User's own acts or omissions.
③ Kurly is not responsible for delays caused by customs clearance, third-party carriers, or external links or tools provided by third parties.
④ Kurly is not responsible for the accuracy, reliability, or legality of User Content.
⑤ Kurly is not liable for any transactions between Users or between Users and third parties conducted outside of the Platform.
⑥ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KURLY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER KURLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KURLY'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
⑦ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KURLY'S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY THE USER TO KURLY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
⑧ The limitations in this Article apply to all claims under contract, tort (including negligence), strict liability, warranty, or any other legal theory.
⑨ The limitations of liability in this Article shall not apply to: (a) Kurly's willful misconduct or gross negligence; or (b) liability that cannot be limited under applicable law.
Article 27 [Indemnification by User]
① The User agrees to indemnify, defend, and hold harmless Kurly, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) the User's use of the Services or the Platform; (b) the User's breach of these Terms; (c) the User's violation of any applicable law; or (d) any User Content posted by the User. This indemnification obligation shall survive the termination of these Terms and the User's account.
VIII. DISPUTE RESOLUTION
Article 28 [Informal Resolution; Binding Arbitration]
① Customer Support. Kurly maintains reasonable customer support channels to address User inquiries, complaints, and refund requests. Users may contact Kurly at support@kurlyglobal.com.
② Informal Dispute Resolution. Before initiating any formal dispute resolution proceeding, the User agrees to first contact Kurly at support@kurlyglobal.com and attempt in good faith to resolve the dispute informally within thirty (30) days.
③ BINDING ARBITRATION. IF THE DISPUTE IS NOT RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM ("DISPUTE") SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, BUT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
④ CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT: (A) ANY DISPUTE SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION; (B) THE USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING; AND (C) THE USER WAIVES THE RIGHT TO A TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY IRREVOCABLY WAIVES THE RIGHT TO A JURY TRIAL.
⑤ Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual claim in small claims court in the State of Delaware if the claim qualifies for small claims jurisdiction.
Article 29 [Governing Law; Jurisdiction]
① These Terms, and any Dispute arising out of or relating to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles.
② For any claim not subject to arbitration, the parties’ consent to the exclusive jurisdiction of the state and federal courts located in Kent County, Delaware.
③ The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any transaction contemplated hereby.
IX. GENERAL PROVISIONS
Article 30 [Electronic Signatures and Communications]
The User agrees that these Terms and any notices, agreements, or other communications provided electronically satisfy any legal requirement that such communications be in writing. The User consents to receive communications from Kurly electronically, including by email and postings on the Platform.
Article 31 [Severability]
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
Article 32 [Assignment]
The User may not assign or transfer these Terms or any rights or obligations hereunder without Kurly's prior written consent. Kurly may assign these Terms, in whole or in part, to any affiliate or successor without the User's consent. Any purported assignment in violation of this provision shall be null and void.
Article 33 [Entire Agreement]
These Terms, together with the Privacy Policy, Shipping Policies, Operating Policies, Individual Terms, and any order-specific terms presented at checkout, constitute the entire agreement between the User and Kurly with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
Article 34 [Waiver]
The failure of Kurly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by Kurly.
Article 35 [Contact Information]
For questions about these Terms or the Services, Users may contact Kurly at: support@kurlyglobal.com.