Last Modified: December 8th, 2021

Welcome to the terms and conditions (“Terms”) for Tiff’s Treats Elites® program (“Elites”). These Terms are between you and Tiff’s Treats Holdings, Inc., and/or its affiliates (“Tiff’s Treats,” “we,” “us,” or “our,” as the context may require) and govern our respective rights and obligations. These Terms are subject to change by Tiff’s Treats without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on www.cookiedelivery.com (the “Site”), and you should review these Terms before signing up for an Elites membership (“Membership”). Please note that your use of the Site and Membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Site, all of which (as changed over time) are incorporated into these Terms (“Other Agreements”). If you sign up for an Elites membership, you accept these terms, conditions, limitations and requirements.

Tiff’s Treats Terms of Use
Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the above agreements.

Membership Activation
By enrolling in our subscription service on our Site you agree to participate in Tiff’s Treats automatic renewal program subject to the following terms and conditions which constitute an agreement between you and Tiff’s Treats and may be updated periodically by us in our sole discretion and with or without notice.

Membership Benefits
Elites members receive the following benefits:
Free on-demand delivery during your membership period on orders totaling over $15 of eligible products (before taxes and after discounts and coupons are applied). Free delivery does not apply to bulk or shipped orders.
A free Tiffwich® ice cream sandwich on your birthday that can be redeemed at any of our locations.
Other benefits that may be announced from time to time.

Membership Fees and Payment
The $50 fee for the Elites program is prepaid, annually, for a one-year membership (the “Fee”).
By signing up for the Elites program, you expressly consent to allow us to annually charge method of payment for a one-year membership.  
Fees are annual automatically recurring payments. Your Membership begins upon payment of the Fee. Annual Fees are charged on the same day of the month that the Membership began. Memberships cannot be purchased with Tiff’s Treats gift cards.

UNLESS YOU NOTIFY US BEFORE THE DATE THAT YOUR MEMBERSHIP IS SCHEDULED TO AUTOMATICALLY RENEW, THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR ELITES MEMBERSHIP WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL YEAR  AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Tiff’s Treats accepts payment via the current payment method indicated at time of purchase, which may include credit card and any other form of payment that we make available to you from time to time.

If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

Membership fees may change at any time after the first year of membership. From time to time, we may offer different membership terms, and the fees for such membership may vary. Tiff’s Treats does not provide price protection or refunds in the event of a price reduction or promotional offering. The Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the membership fee.

Other Limitations
We reserve the right to accept or refuse membership in our discretion. In our sole discretion, free delivery benefits may not be eligible for large multi-recipient orders or orders created with support of the Tiff’s Treats team. We may send you email and other communications related to Tiff’s Treats and your Membership. You may not transfer or assign your Membership or any Membership benefits. From time to time, Tiff’s Treats may choose in its sole discretion to add or remove Membership benefits. Tiff’s Treats reserves the right to change the availability of the Elites program. In addition, we reserve the right to modify, suspend, or discontinue the Elites program with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.

Membership Cancellation
You may cancel your Membership at any time by visiting your Account page on the Site and adjusting your Membership settings. If you cancel your Membership before i) you or your Account places your first eligible delivery order, or ii) you have received a Promotional Gift Card, then we will immediately cancel your Membership and refund you the entire amount of the Fee. If you i) have already placed a delivery order at the time of Membership cancellation, or ii) have received a Promotional Gift Card, then your Membership will expire at the end of its current annual term, and you will not receive a refund of the Fee. We do not place holds on Memberships.

Membership Termination by Tiff's Treats
We may terminate your Membership at our discretion without notice. If we do so in any year of Membership after the first year, we will give you a prorated refund based on the number of full months remaining in your Membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Changes to these Terms and Other Agreements
These Terms and the Other Agreements are subject to change by Tiff’s Treats without prior written notice at any time, in our sole discretion. If these Terms or any change to them are found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN TIFF TREAT’S TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ELITES MEMBERSHIP.
 You agree that you are solely responsible for (and that Tiff’s Treats has no responsibility to you for) your use of the Membership, any breach of your obligations under the Terms or Other Agreements, and for the consequences (including loss or damage of any kind which Tiff’s Treats may suffer) of any such breach.