Flatiron Meal Plan Terms & Conditions
Last Modified: July 18th, 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE FLATIRON MEAL PLAN PLATFORM, APP, AND CARD ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE FLATIRON MEAL PLAN PLATFORM, APP, OR CARD IN ANY MANNER.
SECTION 24 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
Flatiron Meal Plan Corporation (“Company”, “Flatiron”, “we”, “us”, or “our”) provides this Flatiron Meal Plan dining and food discount platform (“Platform”) to you as the Account Holder (“Account Holder”, “you”, “your”) to enable students and other individuals to buy groceries, food, beverages, and other items at participating restaurants, grocery and convenience stores, and other participating locations (collectively, “Participating Locations”) and pay for transactions through a prepaid mobile application (the “App”) and/or prepaid card (the “Card”) funded by you. The following terms and conditions, together with any documents incorporated by reference (collectively, these “Terms”), govern your use of our Platform, App, and Card.
- Eligible Account Holders. In order to be an eligible Account Holder and open a Flatiron Meal Plan Account (“Account”), you must be at least eighteen (18) years old and have a valid Acceptable Payment Method.
- Authorized Users. Account Holders may designate Authorized Users who may be students or other individuals and who will be authorized to use and pay for transactions at Participating Locations through the App or Card. You, as the Account Holder, will be responsible and liable for all actions, purchases, and transactions of any Authorized Users on the Platform, Card, or App.
- Flatiron Meal Plan Account Activation. To activate your Flatiron Meal Plan Account, you must create an Account and deposit any monetary amount into your Account via one of the Acceptable Payment Methods set forth in Section 4. This monetary amount is the prepaid value (the “Value”) that is available to your Authorized User to pay for purchases at Participating Locations with the App or Card.
- Acceptable Payment Methods; Adding Value. You may add Value to your Account via one of the following Acceptable Payment Methods:
- Credit Card
- Debit Card
- Money Order
- If you use a Check or Money Order to add Value to your Account, you may do so either by dropping it off in person or mailing it to 1163 13th Street, Unit A, Boulder, CO 80302.
- Flatiron will charge a $25.00 fee to the Account Holder for any check that is returned or rejected for any reason.
- Auto Reload. You may set up your Account to automatically add a certain Value weekly, monthly, or when your Value drops below a certain amount. For more information on how to do that visit https://flatironmealplan.com/autoreload/.
- You are responsible for ensuring that the Value in your Account is adequate enough to pay for any and all purchases and transactions made by your Authorized Users. In the event you or your Authorized Users cause your Account to be overdrawn or to be at a negative Value, you authorize us to charge any credit card associated with your Account in the amount of the negative balance. Alternatively, we will send a request for payment to the address associated with your Account, and you agree that you will pay the amount of the negative balance within thirty (30) days of receipt via one of the Acceptable Payment Methods. Any and all administrative fees incurred by us will similarly be charged or billed to you.
- Your Account Information. You agree to (a) provide accurate, current and complete information about you and your Authorized Users as may be prompted by any registration or sign up forms for the Account (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to Flatiron, and to keep it accurate, current and complete. You represent and agree that you have the requisite permission and authority to provide information about your Authorized Users. You are responsible for any and all actions, including purchases and payments made through your Account. We are not responsible for any loss you suffer as a result of your not keeping your Registration Data current.
- Your Account Security. When you create and register your Account with us, you choose a user name and password. When you designate Authorized Users, they will be prompted to create a user name and password to gain access to the Value in your Account. You are responsible for maintaining the security of your password and device and the security of the password and device chosen by your Authorized Users. It is your responsibility to supervise your Authorized User’s use of and access to your Account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your Account. You will not share or transfer your Account or password with or to anyone. We assume that anyone using Platform, App, or Card through your Account is you or your Authorized User. We reserve the right to deny access to your Account if we believe, in our sole discretion, that your account is being used fraudulently or by or on behalf of an unauthorized party.
- Lost or Stolen Cards; Reporting Unauthorized Access. You may suspend a lost or stolen card or notify us of unauthorized access to your Account online at https://www.flatironmealplan.com, or by calling 303.415.0067 between 10AM and 4PM MST, Monday through Friday, excluding state and federal holidays. You will be responsible for all purchases and transactions made with your Card or App or on your Account until you have notified us that your Card has been lost or stolen or that there has been unauthorized Access to your Account. You must pick up replacement cards at our Flatiron office between 10AM and 4PM MST, Monday through Friday, excluding state and federal holidays.
- No Liability for Participating Locations, Restaurants, Stores, or other Establishments. Flatiron is not responsible or liable in any way for the items or services you or your Authorized Users purchase with the App or Card. While Flatiron provides you and your Authorized Users with a convenient way to pay for items at Participating Locations, these Participating Locations are independent businesses with which you interact directly and independently. Accordingly, we are not responsible or liable for the preparation or quality of the products being served by Participating Locations or for any damages or injury you suffer as a result of interacting with Participating Locations. We further do not guarantee that any restaurant, grocery or convenience store, or any other establishment will accept the App or Card for payment or that it will be a Participating Location. Flatiron reserves the right to change the restaurants, grocery and convenience stores, and/or other establishments that are Participating Locations at any time and without notice to you.
- Prohibited Purchases or Transactions. Neither you nor your Authorized Users may use the App, Card, or Value in your Account to pay for: (a) alcoholic beverages; (b) tobacco products; (c) prepaid gift cards; or (d) any other items that are age restricted. You agree that we may change and update this list of prohibited items at any time and without notice to you.
- Purchase or Transaction Disputes. You agree to attempt to resolve all disputes regarding payments for transactions made with the App or Card directly with the Participating Location at which the transaction occurred. To the extent a Participating Location issues a refund for any purchases or transactions, you agree that any such refund may be issued as a credit to the Account Value instead of cash. If you cannot resolve any payment dispute with the Participating Location, please contact Flatiron for assistance. We will not, however, address or attempt to resolve any disputes regarding the products or services you obtained or received at Participating Locations.
All meal plan purchases are guaranteed: If within 30 days of activating the Flatiron Meal Plan the cardholder is not satisfied with the service, the full remaining account balance will be refunded. Notification of the refund must be received on or before the 30th day to be honored. Promotional meal plan dollars, including, but not limited to, referral bonuses and bonus dollars, are non-refundable. After the initial 30 day full refund period, cardholders may receive a refund of their remaining Flatiron Meal Plan account balance minus a $15.00 cancellation fee. All refund requests must be submitted in writing to: Flatiron Meal Plan, 1163 13th Street, Unit A, Boulder, CO 80302. If a credit card was used to add value to the Flatiron Meal Plan, the refund will be posted to the same credit card if:
- the add value was performed within the last 6 months and
- refund amount is less than last add value transaction.
If these conditions aren’t met, refunds will be paid by check, mailed to your mailing address on file unless a specific address is provided with the refund request. We are not responsible for lost or misdirected mail, or for your failure to notify us of a change of address, or for your failure to arrange mail forwarding with the United States Postal Service.
- Cessation, Suspension, and Termination. You are free, at any time, to stop using the App, Card, or your Account. You may close your Account and terminate this Agreement by contacting us at 303.415.0067. We may also terminate (or suspend access to) your or your Authorized Users’ use of your Account, for any reason in our sole discretion, including if you or your Authorized Users violate any of these Terms. We have the sole discretion to determine whether you or your Authorized Users are in violation of these Terms. We will try to provide advance notice to you prior to our terminating your Account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, otherwise harmful to the rights or property of Flatiron, or for any other reason deemed reasonable by us. Flatiron may also stop providing the Platform at any time. We will refund any unspent Value in your Account upon termination of your Account via either the original payment method or another payment method determined by us.
- Inactivity; Cancellation Fee. Any Account that has not been used to pay for a transaction or purchase or to which no Value has been added/re-loaded for eighteen (18) consecutive months will be deemed inactive. Flatiron may charge a $10/month inactivity fee for any such inactive accounts. If you cancel your Account more than thirty (30) days after opening it, we may charge you a $15 cancellation fee.
- Intellectual Property. Except as otherwise indicated, the Platform, App, Card, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Flatiron name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content”) are the property of Flatiron or its licensors and are protected by United States and international copyright or trademark laws. All rights to the Content are expressly reserved by Flatiron. Nothing contained on the Platform may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Flatiron or any third party without the prior written permission of Flatiron or such other party that may own such patent, trademark, copyright or other proprietary right(s).
- Limited License. Flatiron grants you and your Authorized Users a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Platform, App, Card, and Account and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Platform, App, Card, or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Platform, App, Card, or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Platform, App, Card, or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Platform, App, Card, or Content without the prior written permission of Flatiron is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
- Your Warranties. You represent and warrant that you will be personally responsible for your and your Authorized Users’ use of the Platform, App, and/or Card, including any transactions and/or purchases you or your Authorized Users make, and that your use of the Platform, App, Card, and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
- Disclaimer of Warranties. We take reasonable steps to provide the Platform and App in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Platform or App may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Platform or App will be uninterrupted or error free or that the Platform, App, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. The products that you purchase are not sold, fulfilled, or endorsed by us, and we have no responsibility for them or for any loss or damage you may suffer from purchasing or using them. Participating Locations do not represent Flatiron, and we are not responsible for any views or endorsements made by Participating Locations. YOUR USE OF THE PLATFORM, APP, CARD, SERVICES IS AT YOUR OWN RISK. OUR WEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
- Limitation of Liability. FLATIRON, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “FLATIRON PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM, APP, CARD, OR CONTENT. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE PLATFORM, APP, OR CARD IS YOUR RIGHT TO CEASE USE OF THEM.
- You agree to defend, indemnify and hold harmless Flatiron, its affiliates, officers, agents, employees, and partners arising from or in any way related to any third party claims, including claims of your Authorized Users, relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, App, or Card other than as expressly authorized in these Terms, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
- User Communications. You and/or your Authorized Users may be able to provide responses, reviews, comments, or suggestions and submit questions through the Platform or App (“User Submissions”). To the extent you publicly post the User Submissions, you agree that they will not be harassing or otherwise inappropriate or unrelated to the Platform or App. We are not responsible for the content of User Submissions, including their accuracy or quality, but we may monitor the submission of User Submissions in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party User Submissions, and you hereby release us from any all liability relating thereto. You are responsible for all your own activity in connection with the Platform and App. User Submissions will become Flatiron’s property. You hereby relinquish and assign to Flatiron the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from those User Submissions, including any endorsements, reviews, ideas, concepts, know-how, or techniques contained therein for any purpose.
- You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Flatiron’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations in our sole discretion.
- Applicable Law and Venue. Subject to Section 24 below, these Terms are governed by and will be construed under the laws of the State of Colorado, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction in the State of Colorado, Boulder County. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Colorado.
- Mandatory Arbitration; Class Action Waiver. You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Boulder, Colorado, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
- LIMITED TIME TO BRING A CLAIM. YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
- WAIVER OF JURY TRIAL. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Flatiron are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 24 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
- Changes in Terms and Conditions. The Flatiron Meal Plan reserves the right to change these Terms at any time and for any reason. Any such change will be effective immediately when posted, we will notify you of any changes by updating the Last Modified date above and indicating an update on the homepage of our Website.
- Contact Us. You may contact us about these Terms by mail at 1163 13th Street, Unit A, Boulder, CO 80302 or by calling us at 303.415.0067.