Welcome to Milunchmoney. Please read these Terms of Service ("ToS"),which describe the relationship between you ("you" or "your" means any person using the website, mobile application, or service) and Mi Lunch Money ("MLM" or "we" or "us"), and govern your access and use of, and your child''s or student''s ("Student") access and use of, any portion of the Milunchmoney services. By checking the consent box on the registration page, using the Milunchmoney website, the Milunchmoney mobile application, or making a payment through or using the Milunchmoney website and/or mobile application (collectively, "Services"), you accept and agree to be bound by these Milunchmoney ToS. Please read them carefully, when you create a Student Account on Milunchmoney for your Student, or create a Sponsor account you hereby agree to be legally bound by these ToS and are agreeing to these ToS on behalf of you, your student, and school or institution.
1. Privacy
Please review our Privacy Policy, which also govern your visit to the Milunchmoney website and your use of the Services, to understand our practices.
2. Electronic Communications
When you visit Milunchmoney.com, use the Milunchmoney mobile application, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you or your Student by email or by posting notices on this website or in the mobile application. You agree for yourself and on behalf of your Student that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Copyright
All content, titles, graphics, logos, button icons, images and software are the copyrighted material of MLM, or its licensors, and you agree not to download (other than page caching) or modify it, or any portion of it. The compilation of all content on the Milunchmoney website and the Milunchmoney mobile application is the exclusive property of MLM, and is protected by International copyright laws. Reproduction, republication or distribution of any material from the website is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your transactions for your personal records.
4. Trademarks
The Milunchmoney name, logo, button icons, characters, and all related logos, products and services described in the Milunchmoney website and the Milunchmoney mobile application are trademarks or registered trademarks of MLM. The Milunchmoney name and logo are trademarks or registered trademarks of MLM. All other trademarks that appear on the Milunchmoney website and the Milunchmoney mobile application that are not owned by MLM and are the property of their respective owners.
5. License and Site Access
License: MLM grants you a limited license to access and make personal use of the Services to register for activities, make payments related to goods and services provided at or through your Student’s school order meals, create a Student Account, make a sponsor and other functionality. You may also be able to use the Services to obtain information about the balance of your Student’s account and to review your Student’s purchases, including food purchases, or any other transaction that the school performed. You acknowledge and agree that MLM is not responsible for the accuracy of this information because the content is provided by the school or third parties’ software systems, and the accuracy of the content is outside of MLM’ control. MLM shall not be responsible for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Certain Services are intended to be used by adults who can make purchases with a credit card. If you are under 18, you may use the Milunchmoney Services only through the Student Account functionality with the permission of a parent or guardian. If you are an adult parent or guardian of a student, you will need to create a Primary Account before creating Student Account(s).
Account Functionality: Once you are a Parent or legal Guardian you will be able to create Parent Account, and will be able to create a Student Account and provide the account credentials and information to your Student. After the Student Account is activated, and depending on what services are provided by your School, depending on what services are provided by your School, you will be able to add funds to your Student’s account, see purchase and payment history, transfer funds between students, receive notifications on low account balances, view your school’s lunch menu, pre-order lunch. As a Sponsor if you chose to have a Sponsor account you will be able to add funds to the school of your choice, add funds to a School story (description of a special need of a school), add funds to a known child, see and download transaction history.
Credentials: In order to access the Services, you must establish, for yourself and on behalf of your Student, access credentials (e.g., a user name and password) that will enable you to log into and use the Services ("Credentials"). Your Credentials will enable MLM to authenticate you or your student as an authorized user of the Services and to provide appropriate authorizations regarding the scope of use of the Services. You are solely responsible for maintaining the confidentiality and security of your Credentials, and agree to be responsible for maintaining the confidentiality and security of your student’s Credentials. Do not share Credentials with any third party. You are responsible for any use of or access to the Services and any activities conducted therein via you or your student’s Credentials. If you become aware of any unauthorized use of or compromise of Credentials, notify MLM immediately. From time to time, in its sole discretion, MLM may make available updates, bug fixes, upgrades, patches and/or new versions of the Services (collectively, "Updates"). You agree to promptly install Updates to the Milunchmoney mobile application when they become available. You understand and agree that Updates may include necessary functionality and/or fixes to protect the security of the Services and that your failure to promptly install such Updates may compromise your ability to use the Services and/or result in the disabling of your Credentials. MLM shall have no liability to you for any loss or damage resulting from your failure to timely accept such Updates.
MLM shall not be liable for, shall have no responsibility for, and you will hold MLM harmless for any activity in your account, including, but not limited to, authorized or unauthorized charges to your credit card or bank via the Services or disputes between you and the school or institution. MLM reserves the right to refuse service, terminate accounts, or cancel orders in its absolute and sole discretion.
6. Payments
If you have a Parent Account, Sponsor Account or making Sponsor as a guest you may make payments to MLM for deposit in your Student’s school account, Sponsor a School or Sponsor a School Special need by using a credit card. Your credit card provider may have imposed a maximum amount which can be placed on your credit card. MLM endeavours to process payments promptly so the funds will be available for your Student’s use. However, we make no representations or warranties regarding the amount of time needed to complete processing payments through Milunchmoney. A number of factors, such as delays in the banking system, internet access for yourself or at school/institutions are outside our control and will affect when the funds are received by your Student’s school. The school’s use of payments or prepayments is governed by your agreement or arrangement with the school and MLM is not responsible for the school’s handling of your payments or prepayments after the school receives the funds from the Services, including, but not limited to, any failure by a school or institution to record, apply, or refund a payment made by you via the Services.
One Time Payments: If you selected a one-time payment, you authorize MLM to debit the credit card or debit card as you indicated on our website or mobile app for the noted amount on the noted date. You understand that because this is an electronic transaction, these funds may be withdrawn from your account immediately. You will not try to prevent MLM from debiting your bank account after transaction have being approved and acknowledge that any dispute is limited to any errors that MLM made in processing. MLM does not have any responsibility for information that you entered incorrectly.
Recurring Payments: If you selected recurring payments, you authorize MLM to debit the debit card or credit card as you indicated on our website or mobile app for the noted amount on the schedule indicated. You understand that this authorization will remain in effect until the scheduled end date, or until you cancel the payment, whichever comes first. If the above noted payment falls on a weekend or holiday, you understand that the payment may be executed on the next business day. You understand that because this is an electronic transaction, these funds may be withdrawn from your account each period as soon as the above noted transaction date. You will not try to prevent MLM from debiting your bank account, and acknowledge that any dispute is limited to any errors that MLM made in processing. MLM does not have any responsibility for information that you entered incorrectly.
7. Refunds
If you or your Student are not satisfied with any good or service purchased using the Services, you agree to resolve the issue exclusively with the Student’s school .You agree that you will not seek and are not entitled to a refund from MLM. If you would like a refund of any kind from your Student’s school you must contact your Student’s school. Once school approves refund MLM will coordinate with the banking institution that process transaction to provide refund. Refund policies may vary from one banking institution to another. Service Fees are not refundable, and you agree that you will not seek and are not entitled to refund of any Service Fee.
8. Service Fee
MLM will charge a Service Fee in connection with the Services and/or transactions processed through the Services. The Service Fee will be displayed onscreen before you complete the payment transaction. By completing the transaction, you are agreeing to pay the Service Fee to MLM.
9. Links to Third Party Websites
The Milunchmoney website and/or the Milunchmoney mobile application may contain links to other Internet websites, mobile applications, or resources. MLM neither controls nor endorses such other websites or mobile applications, nor has MLM reviewed or approved any content that appears on such other sites or mobile applications. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites or mobile applications, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
10. LIMITED LIABILITY; DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MLM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HPS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
MILUNCHMONEY IS NOT THE ONLY WAY TO MAKE PAYMENTS TO YOUR SCHOOL. THUS, IF YOU DO NOT AGREE TO THESE TERMS CONTAINED HEREIN, YOU SHOULD NOT USE MILUNCHMONEY TO COMPLETE A TRANSACTION. IN THE EVENT MILUNCHMONEY IS NOT AVAILABLE AT ANY TIME FOR ANY REASON YOU AGREE TO CONTACT YOUR STUDENT’S SCHOOL TO MAKE ALTERNATIVE PAYMENT ARRANGEMENTS. MLM IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY FAILURE BY THE SCHOOL TO RECEIVE ANY PAYMENT.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MLM, ON BEHALF OF ITSELF AND ITS AFFILIATES, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICES, ERRORS, OMISSIONS, INACCURACIES, INTERRUPTIONS, DEFECTS, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, SECURITY BREACH, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF INFORMATION. IN NO EVENT SHALL MLM, OR ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
YOU AGREE THAT IN NO EVENT WILL MLM BE LIABLE FOR ANY CLAIM, BILLING ERROR, CHARGE, DAMAGE, OR EXPENSE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS, THE USE OF MILUNCHMONEY OR ANY TRANSACTION PROCESSED WITH OR THROUGH MILUNCHMONEY IF YOU DO NOT REPORT THE CLAIM, ERROR, CHARGE, DAMAGE, OR EXPENSE TO MLM IN WRITING WITHIN 90 DAYS OF THE ALLEGEDLY WRONGFUL ACT OR FAILURE TO ACT, OR, IN THE EVENT OF A BILLING OR PAYMENT ERROR OR OVERCHARGE, WITHIN 90 DAYS OF THE DATE THAT THE STATEMENT CONTAINING THE CHARGE WAS MADE AVAILABLE TO YOU ELECTRONICALLY OR IN HARD COPY. YOU EXPRESSLY WAIVE ANY CLAIM THAT IS NOT REPORTED TO MLM IN WRITING WITHIN THE TIME PERIODS STATED HEREIN.
11. Termination
You may terminate these ToS at any time by providing written notice to us. MLM may immediately terminate this Agreement at any time without notice and for any reason, including, but not limited to, if you engage in any conduct which MLM, in its sole discretion, considers to be unacceptable, or if you breach these ToS.
12. Site Policies, Severability
These ToS are the entire agreement between you and MLM with respect to use of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. MLM reserves the right at any time to change, add or delete any aspect or feature of the Services and these ToS, including but not limited to, changing program fees. MLM will provide notice of any such change by posting a notice to the website or as otherwise required by law. Any use of the Services by you after such notice has been posted or otherwise communicated will be deemed acceptance by you of such changes. Any waiver of MLM’ rights must be in writing and signed by MLM. If any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. Mobile App
If you access the Milunchmoney mobile application, the following additional terms and conditions apply:
14. DISPUTE RESOLUTION
Mandatory Arbitration: YOU AND MLM AGREE THAT ANY AND ALL DISPUTES (AS DEFINED BELOW) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY; PROVIDED, HOWEVER, THAT YOU OR MLM MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SMALL CLAIMS COURT AND PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS.
You and MLM agree that we are each waiving the right to a trial by jury and any right to have a Dispute heard in court. Instead, you and MLM agree to have all Disputes resolved in arbitration by a neutral third-party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury; discovery is more limited than in court and the arbitrator''s decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same relief, on an individual basis, as in court, including monetary damages, injunctive relief, declaratory relief and other relief. The arbitrator''s award can be confirmed in any court of competent jurisdiction.
The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted by the Arbitration Society that governs arbitration process in the country that the dispute is filed.
Arbitration Class Action Waiver: You and MLM agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between MLM and anyone who is not a named party to the arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party''s individual claim. The arbitrator''s monetary, declaratory and injunctive award, if any, shall not apply to any person or entity that is not a party to the arbitration.
Small Claims and Agency Proceedings:Notwithstanding anything else in this "Dispute Resolution" section, you or MLM may bring an individual action in small claims court if it so qualifies and so long as it remains in small claims court on an individual, and not a class or representative, basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Non-Arbitration Class Action and Jury Waiver: If for any reason any Dispute proceeds in court rather than arbitration, you and MLM each waive any right to a jury trial, and any Dispute that proceeds in court shall proceed solely on an individual, non-class, non-representative basis. In any Dispute that proceeds in court, neither you nor MLM may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general or representative proceeding. If for any reason any Dispute proceeds in court rather than arbitration, you and MLM also agree that the sole and exclusive jurisdiction for any such action shall be in the country in which the dispute is filed (and for which you and MLM consent to the Court''s jurisdiction and waive any right to challenge jurisdiction or venue).
Definitions: The terms "Dispute" and "Disputes" shall be broadly interpreted to include any claims, disputes, disagreements or controversies that you and MLM had, have or may in the future have against each other, whether based in contract or tort or on a statute or regulation or any other legal theory, including, without limitation, all claims, disputes, disagreements or controversies related in any way to or arising in any way out of (a) your use of the Milunchmoney’ website, mobile application, or platform; (b) your application to, enrollment with, or use of the Milunchmoney website, mobile application or any software or hardware platform operated by or for Milunchmoney, (c) any transaction processed with or through MLM; (d) any other MLM product or service made available through Milunchmoney or the Milunchmoney website or mobile application; (e) any MLM advertisement, representation or marketing, including, without limitation, any advertisement, representation or marketing on the Milunchmoney website or mobile application; (f) any contract, warranty, or other agreement you had or have with MLM; (f) any MLM billing or other policy or practice; (g) any action or inaction by any MLM officers, directors, employees, agents, or other representatives relating to any MLM product, marketing, representation or service, including without limitation Milunchmoney; (h) any claims MLM brings against you; and (i) any aspect of the relationship between you and MLM. "Dispute" and "Disputes" includes claims, disputes, disagreements or controversies that arose at any time, including before this ToS became operative and after these ToS terminated.
15. CLASS ACTION WAIVER
WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.