Terms and Conditions
Terms and Conditions
KD Loyalty Program 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 Loyalty Program (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 Loyalty Program, 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.
KD Loyalty 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 Loyalty Program 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 Rewards to access sales and promotional pricing.
Member Number enables a Member of KD Loyalty Program 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 Loyalty Program 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.
Redeeming Points available until February 28th, 2021
When purchasing items and/or services at a Participating Store, Member may choose to either redeem previously earned Points. If Member elects to redeem earned Points, the Points will be converted into redemption dollars and the value of the redemption dollars will be deducted from the total price of the Member’s purchase of items and/or services from a Participating Store. Earned Points are converted into redemption dollars at the following tiers:
500 points = $5
1,000 points = $10
1,500 points = $15
2,000 points = $20
2,500 points = $25
3,000 points = $30
Redemption dollars will not be paid out in cash or store credit. Unless explicitly stated otherwise, redemption dollars may not be used for the purchase of the following: alcohol; tobacco; prepaid/gift cards; lottery tickets; charitable donations. Company has terminated the Points earning and is terminating redemption procedures and offerings. Upon redemption of Points, the Points will immediately be deducted from Member’s account. Once Points are redeemed, Points cannot be credited back to Member’s account. When returning items paid with redemption dollars, the redemption dollars will be refunded to Member in the form of store credit. The sale or barter of Points, or any other award or benefit (other than by the Company), is expressly prohibited. Any Points, award, or benefit transferred, assigned, or sold in violation of these terms and conditions will be confiscated and membership in the Program may be terminated.
Should any KD Loyalty Program 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, Company may also communicate via text or mobile device. 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 Loyalty Program 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.
KD Market Dairy Product Price Match Policy
KD Market is committed to providing low prices every day. If you find a lower price from local grocery stores on an identical, in-stock dairy product, tell us and we’ll match it.
The following limitations apply:
- At the time of sale, we price match all local grocery stores within 5 mile radius (dairy products only)
- The customer must inform the associate of the price before completion of the transaction
- The dairy item must be identical, (i.e., size, model, quantity, brand, color)
- The dairy item must be in-stock at our competitor’s store and in our store at the time of the price match request. The price for an item must be listed and valid at the time of match. We reserve the right to verify a competitor’s advertised price and the availability of the item. If KD Market is not able to verify the lower price, we may decline the request.
- Please bring the entire printed ad, or show the online price or digital version of the ad on your mobile device for proof of price. We will accept photos of products and their price label (the labels need to clearly state the product name, weight and price per unit) that were taken within the last 7 days at a local grocery store. We will not accept screenshots as a proof of price.
- We’ll match the price if you buy a qualifying item at KD Market and have found the identical dairy item for less at competitor’s store or competitor’s local print ad. Price matches on a dairy item must be requested at time of purchase.
Sorry, we don’t match:
- Non-dairy products
- Previous purchases that later decrease in price
- Prices from, or on behalf of Marketplace, or third-party sellers
- Discounts applied at checkout (Senior citizen, military and employee discounts)
- Offers advertised as percentage off or dollar off (e.g., “15% off” or “$5 off”)
- Auctions prices or those requiring memberships
- Price matching on free items, bundle offers, rebates, coupons or mail-in offers
- Prices that require a minimum quantity purchase
- Items that other retailers have listed as clearance, close out, liquidation, special hour/flash/limited quantity or other special event offers
- Price errors
- Prices as a result of pickup discounts
- No rain checks will be issued for items out of stock to match a competitor’s price.
- We reserve the right to limit price quantities of price matches per identical item per guest for local and/or online competitor matches.
- We do not match prices of big box retail stores (i.e. Walmart, Target, Meijer etc.)
- We do not offer price matches for our previous sale prices. If the item is no longer on sale, we aren’t able to match any of our previous prices. Promotions are only valid during the time frame stated, such as flash sales or weekly ads. Promotions are not valid on previous orders.
- The manager on duty has the final decision on any Price match.
FREQUENTLY ASKED QUESTIONS:
What is considered a dairy item?
Dairy items are defined as any foods produced from the milk of mammals, such as cows and goats (i.e. milk and any food products made from milk, including cheese, cream, butter, and yogurt), milk substitute (i.e. almond milk) or eggs.
What’s considered a local grocery competitor when requesting a price match?
A local grocery competitor for price match eligibility includes grocery stores located in the same market of your local KD Market store within 5 mile radius. The store must be able to successfully validate the price on the local competitor’s website or ad to complete the price match. If the price can’t be validated in the same market, KD may decline to match the price,
What qualifies as proof of a price when requesting a price match?
If you have the competitor’s advertisement, please present the entire printed ad or a photo/photocopy of the ad. Digital versions of printed advertisements are accepted. If you found the price online, please present the price on your mobile device from a qualifying competitor’s website. A KD store associate will then verify the match using a KD’s device. Price matches for online dairy items will only be compared to competitors’ localized pricing online. We will accept photos of dairy products and their price label (the labels need to clearly state the product name, weight and price per unit) that were taken within the last 7 days at a local grocery store.
Price match will take into account any shipping fees. For example, if a competitor is offering a dairy item at $10 plus $5 shipping, the match price will be $15. KD does not match other retailers’ pricing errors.
Does an item have to be in stock at the competitor to receive a price match?
A competitor’s dairy items must be in stock on the competitor’s website at the time a price match is requested. Price matches for online dairy items will only be compared to competitors’ localized pricing online.
Does an item have to be in stock at KD Market to receive a price match?
KD Market can’t honor a price match request if dairy items are out of stock at the local KD store where the price match request is made.
Can I apply the price match to a purchase of a large quantity of items?
KD reserves the right to limit requests to reasonable quantities. If you’re looking to buy a significant quantity of a specific item, please visit your local store to see if a volume discount is available.
Can a senior, military or % off discount be used when requesting a price match?
These and other discounts can’t be combined with a price match. However, if there are other dairy items on the transaction not being price matched, they may be eligible for these discounts.
Does KD Market match the prices of a warehouse club?
No, we do not match in-store prices of warehouse clubs.
How does the Price Match Guarantee apply to coupons?
KD Market doesn’t match competitors’ coupons. Customers can either use a KD coupon or a local price match. KD Market doesn’t allow coupons to be used on a dairy product that has a price match.
Does the Price Match Guarantee apply to services?
No, our Price Match Guarantee doesn’t apply to matching a competitor’s services including, but not limited to, catering and delivery.
Is there a time limit in which I can receive the Price Match Guarantee?
Yes, the price match offer is good only at the time of purchase and on a dairy product defined above.
What qualifies as proof of a price when requesting a price match:
Local printed ads: Present the entire printed advertisement. Photos or photocopies of the ad cannot be accepted as verification of a competitor’s printed ad. Digital versions of printed advertisements are accepted.
Online prices: Present the price on your mobile device from a qualifying competitor’s website. A KD team member will then verify the match. Screenshots or pictures cannot be accepted.
Dairy product picture: We will accept photos of products and their price label (the labels need to clearly state the product name, weight and price per unit) that were taken within the last 7 days at a local grocery store. Present the picture on your mobile device from a qualifying local grocery store.
KD Market reserves the right to modify the terms of this policy at any time.
This policy applies only to purchases made at a KD Market store.
Last updated: June 2020
Terms and Conditions
Last updated: June 10, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to KD MARKET, 1046 Elmhurst Rd 2ND FL, Mt Prospect, IL 60056.
- Country refers to: Illinois, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to KD MARKET, accessible from http://mykdmarket.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org