KD Club Terms and Conditions
KD Club is a loyalty program offered by KD Market to its customers (also referred to as “the Program”). These terms and conditions form the agreement (the “Agreement”) between each customer that participates in KD Club (referred to as a “Member”) and KD Market and its participating affiliates and subsidiaries (collectively “Company”) with respect to the Program. You may contact KD Market at firstname.lastname@example.org or 847-233-0770.
By participating in the KD Club, Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the Program available at mykdmarket.com. Each Member is responsible for remaining knowledgeable about the Program terms and conditions. KD Market reserves the right to disqualify Members who have violated any of the Program terms and conditions. KD Market reserves the right to change the terms or conditions of the Program or terminate the Program or your membership in the Program at any time for any reason without prior written notice. Communications about KD Loyalty Program, including changes to the Program, will be posted on mykdmarket.com.
The Program is open to U.S. residents at least 13 years of age. If you are between 13 and 18 years old, you agree you have obtained permission from your parent or legal guardian to be a Member of the Program. Program membership is only available to individuals. Program membership is not available to corporations, businesses, charities, partnerships, enterprises, or any other entity, unless written approval is received in advance from KD Market, in its sole discretion. Members are responsible and liable for any tax consequences which may result from Member’s participation in the Program. Membership required at purchase to receive promotional pricing. Price adjustments are eligible only during that promotional pricing period.
Membership in the Program is free and no initial purchase is required. Company reserves the right to refuse issuance of a KD Club Account (the “Account”) to any customer who does not follow the enrollment procedures. Member should promptly notify the Program of any changes to personal information such as name, address, telephone numbers, and email address either by e-mail at email@example.com or calling a customer service representative at 847-233-0770
KD Market reserves the right to cancel any Account for which it has incomplete, inaccurate, false or fictitious personal information. In the event that KD Market cancels your Account, or terminates the Program or your membership in the Program for any reason.
Any fraudulent or unauthorized use of the Account is strictly prohibited, and may result in termination or disqualification from the Program. It is not a credit Account. The Account is the property of KD Market and it may be revoked at any time by KD Market at their sole discretion. Any unauthorized reproduction of the Account may lead to legal prosecution and forfeiture of membership in the Program.
The Account enables a Member of KD Club to access sales and promotional pricing.
Last Updated 02/20/2020
Member Number enables a Member of KD Club to access sales and promotional pricing at participating KD Market locations (collectively “Participating Stores”). From time to time, special program offers will be made that may not be available in all Participating Store locations.
Member must provide his/her phone number associated with the KD Club account at a Participating Store before the purchase transaction is completed in order to receive promotional pricing. Special Promotions will not apply to purchases of: phone/prepaid/gift cards; lottery tickets; charitable donations; sales tax; and certain items that are excluded, in particular Promotions and any other items specified as exclusions by the Company from time to time or where prohibited by law. See store for details or contact a customer service representative at 847-233-0770. KD Market reserves the right to add or delete items eligible for Special Promotions at any time, at its sole discretion, without notice. Promotional Pricing for in-store purchases will be awarded to the Member at the time of the transaction. Company reserves the right to limit quantities awarded with respect to any offer or promotion to reasonable household quantities. On a return and/or exchange, the Member will be refunded the Promotional Price of the product.
Should any KD Club Member not use their Member ID in a transaction for 12 consecutive calendar months, the membership will be deemed to be inactive and all accumulated Points will be forfeited.
Member Information and Communications: By participating in the Program, Member agrees to allow Company to communicate via mail, email, phone, external websites and various other channels. If permission is granted by the Member, the Company may also communicate via text or mobile device. The Company may use these channels to communicate Member account status, notify Member about available Flash Sales, communicate program changes, offer special Member promotions, coupons, information and offerings that may be of interest to the Member, and more. Member information will be protected in accordance with the Online Privacy and Security policy and/or the Notice of Privacy Practices, as applicable.
Company names, logos, and trademarks may not be used by you in any manner without the prior written consent of the Company
Limitation of Liability
AS PARTIAL CONSIDERATION FOR MEMBER’S ACCESS TO COMPANY’S LOYALTY PROGRAM AND SERVICES (INCLUDING COMPANY CONTENT), MEMBER AGREES THAT COMPANY IS NOT LIABLE TO MEMBER IN ANY MANNER WHATSOEVER FOR DECISIONS MEMBER MAY MAKE OR MEMBER’S ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. MEMBER ALSO AGREES THAT COMPANY’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO MEMBER’S USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS MEMBER PURCHASED FROM COMPANY IN THE APPLICABLE TRANSACTION, IF ANY. COMPANY SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COMPANY SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THESE TERMS OR COMPANY SERVICES (INCLUDING COMPANY CONTENT), MEMBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO MEMBER, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Indemnification and Defense
As a condition of Member’s participation in the Program, Member agrees to indemnify, defend and hold harmless Company, including its officers, directors, employees, affiliates, licensors, suppliers, information providers and agents, from and against all losses, expenses, damages, fees, fines and costs, including without limitation, reasonable attorneys’ fees, resulting from or relating to Member’s use of the services or violations of the Agreement.
KD Market reserves the right to edit or cancel the KD Club at any time, without notice and to limit or restrict the use of rewards on certain purchases as they see fit. The store manager has the right to accept, decline or limit the use of ANY digital coupon, reward, or offer.