Legal

Last Updated: October 12, 2023

Mill Bin Purchase Terms and Conditions

These Mill Bin Purchase Terms and Conditions (“Bin Purchase Terms”) supplement the  Mill Terms of Service (the “Standard Terms”) and apply to you if you purchased a Mill kitchen bin from Mill or its affiliates. If you purchase a Mill service plan, or any other Mill services, in connection with your purchase of a bin, these Bin Purchase Terms will apply to the purchase of those services as well, but do not apply to you if you have only purchased a subscription to a monthly or annual service plan that allows you to use a bin for so long as your service plan is in effect. If you do not accept these terms, do not purchase a bin. Capitalized terms used in these Bin Purchase Terms, unless otherwise defined herein, shall have the meanings ascribed to such terms in the Standard Terms.

1. Sale of Products and Services.

Mill offers and accepts orders, at its discretion, for the Mill kitchen bin device, the Mill service, and certain accessories that we may offer through the Mill website. Supplies are limited, and the availability of products and services cannot be guaranteed. Products, services, and other information provided are subject to corrections and changes without notice. Advertising depictions, graphics, and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other specs depicted or listed are for illustration only and are subject to change. Errors will be corrected if found, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Unless otherwise specified herein or at the time of purchase, you must pay for products when you place the order. Title to physical goods you buy (rather than subscribe to use during the term of the subscription) from us will pass to you at either the time such goods are fully paid for or at the time of delivery by us to the freight carrier (but we or such carrier will be responsible for any loss or damage that occurs when the goods are in transit to you), whichever is later. Products will be delivered to the shipping address you have provided. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel without cause. Prices listed may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or services we offer at any time without notice.

We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. Though it is our practice to confirm orders via e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a product or service.

You may be asked to supply certain relevant information, such as your payment and shipping information, to complete a purchase. You represent and warrant that you have the right to use any payment method that you choose to use to complete any such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction.

1.1. Service Plans.

Unless otherwise specified at the time of purchase, to purchase a Mill kitchen bin you must also purchase a Mill service plan, and your purchase of a service plan may include enrollment in an ongoing and recurring payment plan. Your service plan term may vary, such as with monthly or annual automatic renewal terms, as described at the time of purchase.

If so specified at the time of purchase, your service plan may automatically renew at the end of your initial term if you do not cancel in your account or by contacting support@mill.com at least 24 hours before the renewal date. Your first service plan term will begin on the date your Mill kitchen bin is delivered to your designated address, the date your bin is paired to your account, or 30 days after the bin is shipped, whichever is earliest (“Service Plan Term Start Date”). If applicable, the amount of your next service plan payment and your selected plan type will be displayed in your account on our website. If you subscribe to a service plan with monthly payments, you will be billed on approximately the same day of the month as your Service Plan Term Start Date, or if no such date exists, on the last day of the month. You agree to pay, and authorize us to automatically charge to your designated payment method, the services fees, and any taxes we determine are applicable, in the amount and on the schedule indicated at the time of purchase. If your service plan automatically renews, you agree to pay, and authorize us to automatically charge you, the then-current rate (or such other rate we communicate to you prior to payment) for such plan at the start of every new billing period until your service plan is canceled or terminated.

We reserve the right to change the service plan fees for subsequent terms. If the amount of your service plan fee is going to change (other than a change in taxes), if your plan automatically renews we will notify you of the new amount to be charged and the date of the charge in advance. If your plan automatically renews and you do not want to pay the new service fees, you must cancel at least 24 hours before the renewal date or you will be charged the new amount each billing period until you cancel.

If your service plan does not automatically renew, it will terminate at the end of your term unless you choose to renew. If your service plan automatically renews (as specified at the time of purchase), if you choose to cancel your service plan subscription your cancellation will take effect at the end of your current service plan term. When you cancel a service plan, you cancel only future service plan charges after the end of your existing term. You will not receive a refund for your current service plan term and may still owe additional service plan payments, but you will continue to have full access to the services offered under that service plan until the end of that service plan term. We may provide a refund, discount, or other consideration to some or all of our users at any time and for any reason. The amount and form of such refund or consideration, and the decision to provide it, are at our sole discretion. The provision of a refund or other consideration in one instance does not entitle you or anyone else to any refund or consideration in the future for similar instances (or otherwise).

Service plans or other services may be offered as one-time, pre-paid purchases rather than on a subscription basis. One-time purchases may not be canceled unless otherwise specified by us at the time of purchase.

Any service plan or other services you purchase from Mill are personal to you and may not be used by or transferred to anyone else. This does not prohibit you from allowing guests to use your bin on a non-commercial basis.

2. Service Components.

The components of any service plan are subject to change at our discretion, and we reserve the right to add or remove products and services from our website at any time for any reason. We may also change quantities available for purchase at any time, including after an order has been placed. The delivery of your order can be impacted by events beyond our reasonable control, and you agree we are not liable for late deliveries.

2.1. Just the Bin Product.

Unless otherwise specified at the time of purchase, if you purchase the Mill bin without the Food Grounds processing or pickup portion of the service (our “Just the Bin” product), you will receive:

  1. a Mill kitchen bin; and
  2. a service plan comprised of the following for five years from the date your bin is delivered (or such other length of time specified at the time of purchase):
  3. Free charcoal filter replacements as needed;
  4. Priority access to the Mill support team;
  5. Repairs and replacement of your bin in accordance with the warranty terms specified herein;
  6. Use of the Mill mobile app; and
  7. Additional gifts, offers, credits, and other benefits that we may provide at our discretion.

2.2. Bin and Pickup Service Product.

Unless otherwise specified at the time of purchase, if you purchase the Mill bin with the Food Grounds processing or pickup portion of the service (our “Bin and Pickup” product), in addition to all of the components listed for the Just the Bin product, you will also have the ability to participate in the Food Grounds Supply Program for no additional charge, including the ability to schedule Food Grounds pickups and order additional Food Grounds shipping boxes, subject to the limitations set forth in our Standard Terms.

2.3. End of Service Plan Term.

Unless otherwise specified at the time of purchase, when your Mill service plan terminates or ends:

  1. You will be allowed to keep your bin and will be able to continue using the Mill mobile app;
  2. You will no longer receive (i) free charcoal filter replacements, (ii) priority access to the Mill support team, and (iii) repairs and bin replacements in accordance with the terms of our standard Membership Warranty;
  3. If your service plan grants you the ability to participate in the Food Grounds Supply Program at no additional charge, that will end and you will no longer be able to schedule Food Grounds pickups or order additional Food Grounds boxes for free; and
  4. Your bin will no longer be covered by the Membership Warranty.

2.4. License and Intellectual Property.

The Mill kitchen bin and Mill service plans are intended for your personal, noncommercial use. All rights in and to any intellectual property rights, including, without limitation, copyrights, patents, trademarks, and trade secrets, in the Mill kitchen bin (including the firmware and software embedded therein), our mobile app, our website, or that are otherwise used by us to provide services to you are owned and reserved by us or our licensors. Your possession, access to, and use of the bin or our services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software and firmware on the Mill kitchen bin solely for your personal use of the device as authorized by these Bin Purchase Terms or our Standard Terms. Mill and its affiliates and licensors and suppliers reserve all rights not granted in these Bin Purchase Terms.

3. Warranty and Limitation of Liability.

This limited purchased bin warranty (“Purchased Bin Warranty”) applies only to customers who purchase the Mill kitchen bin, rather than just our annual or monthly service plan. If you purchase a service plan that includes our standard Membership Warranty, unless otherwise described at the time of purchase the Membership Warranty will apply to your Mill kitchen bin for so long as that service plan is active; for so long as the Purchased Bin Warranty and Membership Warranty are in effect concurrently, only the Purchased Bin Warranty will apply.

3.1. What is covered; Period of warranty; and Remedy.

Mill warrants that for up to six (6) months from the date of delivery, the Mill kitchen bin will be free from defects in materials and workmanship under normal use in accordance with product instructions, including those provided on our website; in these Bin Purchase Terms and our  Standard Terms; in our mobile app, instruction manual and safety guide; and through customer support communications.

With respect to any covered defect during the warranty period, we will, in our sole discretion, either repair or replace the bin or the defective part free of charge. We will also pay for associated shipping and handling fees (in the contiguous US or Alaska) if we elect to repair or replace the bin. We retain sole discretion in determining whether maintenance or replacement of a bin is needed and whether maintenance or replacement is covered by your warranty.

3.2. What is not covered.

This limited warranty does not cover any bin repair or replacement costs due to: (a) accidents (outside of normal wear and tear), abuse, or neglect; (b) improper use or storage, including any breach of our  Terms of Service; (c) failure to follow product or maintenance instructions we provide, including those provided on our website or mobile app, in our instruction manual or safety guide, or by our support team; (d) modifications by anyone other than us; (e) unauthorized repair; (f) external causes such as attack by household pests, pets, natural disasters, fire, or flood; or (g) loss or theft of the device.

3.3. EXCLUSIVE REMEDIES UNDER THIS LIMITED WARRANTY.

This limited warranty is the only express warranty that we provide for the Mill kitchen bin, and the above remedy is your sole remedy. To the maximum extent permitted by applicable law, we expressly disclaim all other warranties and conditions of any kind, whether statutory or implied, arising from course of conduct or otherwise, regarding your use of the Mill kitchen bin, except that any implied warranties of merchantability, fitness for a particular purpose, and noninfringement are limited in duration to the period of the express warranty above.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

3.4. Obtaining warranty service.

To obtain warranty service, you must email our support team at  support@mill.com. Before receiving warranty service, we may require that you furnish information confirming your subscription, respond to questions designed to assist with diagnosing potential issues or the cause of the issue, and follow our procedures for obtaining warranty service.

3.5. LIMITATION OF LIABILITY.

You expressly understand and agree that the remedies described above are your sole and exclusive remedies and our entire liability for any breach of this limited warranty. To the maximum extent permitted by applicable law, we and our affiliates shall not be liable to you under any theory of liability – whether contract, tort (including negligence), breach, or failure of any warranty or otherwise – for any indirect, incidental, special, consequential, or exemplary damages that may be incurred by you in connection with your device, whether or not we, our affiliates, or our or their representatives were or could have been aware of the possibility of any such losses occurring. You expressly understand and agree that, to the maximum extent permitted by applicable law, our total liability in connection with your use of our services or this limited warranty will not exceed the greater of $100 or the amount paid by you to use our services.

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.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

3.6. WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?

Please see Section 13 of our  Standard Terms if you believe that we have not performed our obligations under this limited warranty.

4. Refunds.

If you are offered a 30-day money back guarantee at the time you purchase your bin, such guarantee will be subject to our 30-day Money Back Guarantee Terms, which may be updated from time to time at our discretion, and any other terms provided by us at the time of purchase. Unless otherwise specified at the time you make your purchase, other than as described in these Bin Purchase Terms we are not obligated to provide any refunds.

5. Standard Terms.

In the event of a conflict between these Bin Purchase Terms and our Standard Terms, these Bin Purchase Terms will control. The following sections of the Standard Terms will not apply to your use of the Services: Section 2 (“Mill Reservation Program”); Section 3 (“Mill Membership”); Section 4(d) (“Charcoal Filter Replacement”); other than as indicated in Section 4 herein, Section 4(f) (“Membership Warranty; Maintenance or Replacement”); Section 4(g) (“Bin Return”); Section 4(h) (“Ownership”); if you do not send Food Grounds to us, Section 5 (“Food Grounds Supply Program”); Section 7(d) (“Refunds”); Section 8(g); and Section 8(h) while you have an active service plan.

6. General.

Except as stated otherwise herein, these Bin Purchase Terms and our Standard Terms constitute the entire and exclusive understanding and agreement between you and Mill regarding your purchase of a Mill kitchen bin and associated use of our services, and, other than as stated herein, these Bin Purchase Terms supersede and replace any and all prior oral or written understandings or agreements between you and any other party relating thereto.

6.1. Not for Resale.

Unless otherwise agreed upon with us in writing, your Mill kitchen bin may not be re-sold. If we suspect you are purchasing products for resale, we reserve the right to refuse or cancel your order. You will not export or re-export, directly or indirectly, any of our products or services (including the Mill kitchen bin or Food Grounds), or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

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