Terms of Service

1. Welcome to Kelyns Creations

Kelyns Creations, LLC., a Florida corporation (“Kelyns Creations,” “we,” “our,” “us”), operates the website located at the URL www.kelynscreations.com. These Terms of Service constitute an agreement between Kelyn’s Creations and you, the visitor, governing your access and use of the Website. Please read these Terms of Service carefully before you start using the Website. These Terms of Service are also incorporated by reference into our Privacy Policy and Customer Terms of Use.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Acceptance of these Terms of Use & Service

WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY KELYN’S CREATIONS. THESE TERMS OF USE APPLIES TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS AND OTHERS WHO ACCESS THIS WEBSITE.

Payment must be made in FULL to reserve your order, date, & time. We accept PayPal, Venmo or Zelle transactions at this time. Payments using a Visa, Discover, Mastercard, or American Express are processed with Square and will incur a charge of 3.5% of the total menu item amount plus 15 cents per transaction.

Three day notice recommended for all boxes & platters. Any orders placed less than three days before delivery/pickup date are subject to a last minute fee depending on availability. Events and grazing tables are recommended at least 1-2 weeks notice and will be booked upon availability.

Orders canceled 24 hours prior to delivery/pickup will not be issued a refund. Orders canceled 48 hours prior will be given a 50% refund or may be booked at a later date/time. Orders canceled 1 week prior will be given full refund.

Deliveries to Hernando, Hillsborough, Pasco & Citrus County. Counties not listed subject to delivery fee of $1 per mile. Grazing Tables include Delivery

Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by Kelyn’s Creations, if you breach these Terms of Use.

3. Modification and Changes to Terms of Use

We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use.

4. License to Use the Website

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the website in the manner in which the content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within the website without the express written consent of Kelyn’s Creations, LLC. You may not use the website or any of its content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by Kelyn’s Creations and/or its content providers. The licenses granted by Kelyn’s Creations terminate if you do not comply with these Terms of Use and/or any other website terms and conditions.

By using the website, you represent that you are not a person barred from using the website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the website unless expressly reserved in these terms of use.

5. Intellectual Property Rights

The website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Kelyn’s Creations and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title, or interest in or to the website or any content is transferred to you and all rights not expressly granted are reserved. Any use of the website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark, and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Website. Kelyn’s Creations tries to ensure that the content is accurate and complete. Your use of the website is at your risk. Kelyn’s Creations does not warrant that the functional aspects of the website or the content will be error free or that the website, the content or the server that makes it available are free of viruses or other harmful components. Kelyn’s Creations and its suppliers make no warranties about the content or about results to be obtained from using the website. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this website. Kelyn’s Creations reserves the right to withdraw, temporarily or permanently, any content from the website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the website, you acknowledge, agree and confirm that Kelyn’s Creations is not liable to you or any third party for any such withdrawal.

6. Restrictions

You may not under any circumstances:

Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such content;
Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
Mirror, frame, screen scrape or deep link to any aspect of the website or access any content through technology or means other than those provided or authorized by us;

Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the website, or tamper with, impair, damage, attack, exploit or penetrate the Kelyn’s Creations system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Kelyn’s Creations or any connected networks, or take any action to impact the proper operation of the website and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
Use the website to collect any personally identifiable information, including account names and e-mail addresses, or use the website for any commercial solicitation purposes, without our prior express written permission; or
Attempt to reverse engineer any aspect of the website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the website, create any derivative works or materials of any kind using the content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the website.

7. Privacy and Communications

We respect your privacy. By accessing or using the website you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

8. Modification or Suspension of the Website and Right to Terminate Your Use of the Website

We reserve the right to change, suspend or discontinue any aspect of the website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by Kelyn’s Creations that such features will always be included on the website. From time to time, we may restrict access to some or all of the website, including for Registered Users. We also reserve the right to terminate or suspend your account or restrict your use of or access to the website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the website or terminate your account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

9. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Kelyn’s Creations, or other respective owners that have granted Kelyn’s Creations license to use such marks.

10. Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Kelyn’s Creations shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To improve our website in order to better serve you.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

We do not include or offer third party products or services on our website.

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It’s also important to note that we allow third party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

We will notify the users via in site notification

Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations

If at any time you would like to unsubscribe from receiving future emails, you can email us at: kelynscreations@gmail.com

and we will promptly remove you from ALL correspondence.

Disclaimer

Please be advised that all products are prepared in a kitchen space that may contain these ingredients: milk, wheat/gluten, eggs, soy, peanuts, and tree nuts. All orders must be kept refrigerated until ready to serve. Products may change color, taste, etc if not kept in refrigerated area. Kelyn’s Creations is not responsible for any orders that were made unaware of allergens or left out by clients.