HT Plus Terms & Conditions

Updated Last: 2/28/2023

Harris Teeter Plus Membership Terms & Conditions

Welcome to Harris Teeter Plus Membership (“Harris Teeter Plus”) operated by Harris Teeter, its affiliates and/or subsidiaries (together, “Harris Teeter”, “We”, or “Us”). These terms and conditions ("Terms") govern our respective rights and obligations with respect to your enrollment and participation in Harris Teeter Plus.

These Harris Teeter Plus Terms are in addition to our general website and app terms and conditions and other terms and conditions that govern specific programs, features, applications, products, or services made available by or through us. With respect to Harris Teeter Plus, to the extent there is a conflict between these Harris Teeter Plus Terms and any of our other terms and conditions, these Harris Teeter Plus Terms will control.

THESE HARRIS TEETER PLUS TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN THE SECTION TITLED GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH US AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO SIGN UP FOR HARRIS TEETER PLUS CONSTITUTES YOUR AGREEMENT TO THESE HARRIS TEETER PLUS TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE HARRIS TEETER PLUS TERMS. IF YOU DISAGREE WITH ANY PART OF THE HARRIS TEETER PLUS TERMS, THEN YOU ARE NOT PERMITTED TO SIGN UP FOR OR PARTICIPATE IN HARRIS TEETER PLUS.

Harris Teeter Plus Enrollment

Harris Teeter Plus enrollment is open to Harris Teeter VIC members who complete the enrollment online and payment of the $59 or $99 fee. Payment can be made via credit or debit card. The delivery and Fuel Point bonus benefits will be active for one year, starting with all transactions within 1 hour following payment of the non-refundable enrollment fee.

Customers who enroll in Harris Teeter Plus will receive information about activating exclusive offers available to Harris Teeter Plus members 24 hours after Harris Teeter Plus enrollment.

Harris Teeter Plus Cancellation

You may cancel your participation in Harris Teeter Plus at any time by contacting Harris Teeter Customer Service at 1-800-432-6111. Any credit issued will be at the sole discretion of Harris Teeter.

Benefits and Eligible Purchases

The provided benefits of Harris Teeter Plus are available only to you and immediate members of your household. Household members are defined as person(s) currently living at the same address; dependents away at school are not eligible for benefits. As with other loyalty program benefits, you must provide your VIC card information at the time of transaction to receive the benefits outlined below:

Harris Teeter Plus ($99) Benefits

Free deliveries on orders over $35 (where available)

Waived delivery service fees on every order for delivery totaling $35 or more at participating stores and in areas where delivery is available.

2X Fuel Points for every dollar spent on groceries and general merchandise

$1 in spending = 1 Fuel Point + 1 bonus Fuel Point. Includes all qualifying purchases made in store, curbside pickup and delivery. See other limitations, explained below, for details on excluded items. Bonus Fuel Points do not apply to Harris Teeter Ship orders.

Accepted at all Harris Teeter locations and participating Kroger Family of Companies store locations.

Harris Teeter Plus ($59) Benefits

Free deliveries on orders over $35 with next day delivery times

Not applicable to same-day delivery order time slots

Waived delivery service fees on every order for delivery totaling $35 or more at participating stores and in areas where delivery is available.

2X Fuel Points for every dollar spent on groceries and general merchandise

Accepted at all Harris Teeter locations and participating Kroger Family of Companies store locations.

Free Trial

Your membership to Harris Teeter Plus may begin with a free thirty (30) day trial membership (“Free Trial”). Availability of a Free Trial is not guaranteed and, if one is available, is only available on the specified terms set forth herein. Your Membership Fee payment will be charged to your chosen payment method for the Harris Teeter Plus membership you selected at the time of your registering for the Free Trial immediately following expiration of the Free Trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your Harris Teeter Plus Membership at any time before the end of your Free Trial. You will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription to Harris Teeter Plus has begun, unless required by law in particular jurisdictions or instances. We will begin billing the same payment method we otherwise have on-file for your Harris Teeter Plus membership at the then-current price after your Free Trial ends unless you cancel prior to the end of your Free Trial. Members of households with an existing or recent Harris Teeter Plus membership, including free or promotional memberships, may not be eligible for a Free Trial.

Auto Renewal

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR HARRIS TEETER PLUS MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH A CREDIT OR DEBIT CARD ON FILE. Your membership will renew on your set renewal date. To avoid charges, you will need to cancel your membership prior to that date. In certain circumstances, your billing date may change, for instance, if we are unable to successfully charge your card for the Harris Teeter Plus membership fee on a given day (e.g., a Federal holiday or technical failures).

If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Harris Teeter Plus membership. If you do not want to have your card automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the card in the manner contemplated here. If the card you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Services, including without limitation your Harris Teeter Plus membership, until we have successfully charged a valid credit or debit card.

If you do not want your membership to automatically renew, you can cancel your Harris Teeter Plus membership at any time using the link on your “My Harris Teeter Plus Membership” page. You may cancel your Harris Teeter Plus membership by contacting Harris Teeter Customer Service at 1-800-432-6111 within the first seven (7) calendar days of your paid Harris Teeter Plus membership renewal term and receive a refund of the Harris Teeter Plus membership fee you paid, but only if you have not placed any delivery orders using your Harris Teeter Plus membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your Harris Teeter Plus membership through the end of your paid membership term. Additional instructions on how to manage your Harris Teeter Plus membership are available in the Harris Teeter Plus FAQs.

Exclusions and Other Limitations

• We reserve the right to accept or refuse Harris Teeter Plus Memberships at our discretion.

• As a participant in a Harris Teeter Plus Membership, by your payment and continued enrollment you acknowledge that Harris Teeter may send you email, texts and other communications related to the Harris Teeter Plus Membership.

• Harris Teeter Plus benefits can only be used by person(s) in your immediate household who use your VIC loyalty card or Alternate ID. Household members are defined as person(s) currently living at the same address.

• All Harris Teeter employees are held to the same policies, procedures, and rules as listed in the Harris Teeter Associate Guidebook. Please contact the Human Resources Department if you’d like to obtain a copy of the detailed verbiage. Any violation or abuse could result in disciplinary action up to and including termination.

• Harris Teeter Plus participants are not permitted to purchase products subject to this program for resale, rental, or to ship to customers or potential customers.

• Bonus Fuel Points are excluded on Gift Cards, Adult beverages and Tobacco products, Pharmacy prescriptions, Booth Services, Harris Teeter® Ship, The Little Clinic®, Fred Meyer Direct®, Fred Meyer Jewelry®, Vitacost®, homechef.com, murrayscheese.com, Fuel purchases, Kroger Rush Delivery, Kroger Delivery Now or receipt message survey invitation. See FAQs for more details. Items ordered on Harris Teeter Ship do not qualify for Bonus Fuel Points.

• From time to time, Harris Teeter may choose in its sole discretion to add or remove Harris Teeter Plus benefits.

• Only one Harris Teeter Plus Membership per household during the same enrollment period. If more than one customer within a household purchases a Harris Teeter Plus Membership, then the additional memberships will be refunded.

• Harris Teeter Plus ($59) members who are interested in upgrading to Harris Teeter Plus ($99) should contact Harris Teeter Customer Service at 1-800-432-6111.

California Consumer Privacy Act (CCPA) Notice of Financial Incentive

Participation in our Loyalty programs is voluntary. By signing up for one of our Loyalty programs, you affirm that you are over the age of 16 and consent to the collection, use, sale, sharing, and retention of your personal information (as defined in the CCPA) in connection with the program, which we use to identify the most relevant coupons, promotions, and other discounts or offers we present to you and as further described in our Privacy Policy.

Harris Teeter Plus enrollment is open to Harris Teeter VIC members who complete the enrollment online and payment of the either $59 or $99 fee. After joining any of our Loyalty programs, if you wish to withdraw your consent and opt out the program, you can contact Harris Teeter’s customer contact center by telephone at 1-800-432-6111.

Upon expiration of your Harris Teeter Plus membership, a Harris Teeter Plus member who wishes to renew may need to confirm their data and pay renewal fees necessary to continue to participate in the program. Renewal will not prevent you from exercising your privacy rights.

As part of our Loyalty programs, Harris Teeter provides discounts and financial incentives to individuals who enroll and participate. When you sign up to participate in Harris Teeter’s Loyalty program, you can give Harris Teeter your Loyalty ID at the cash register or online to get discounts on products you purchase and services we think you would be interested in based on your purchase history. You can also earn Fuel Points that give you discounts at participating gas stations. We select and personalize coupons, promotions, and other discounts or offers, based on what you buy and the stores and e-commerce portals you may use.

The data we collect about our Loyalty program members enables us to deliver personalized offers and value to our customers, which helps us establish a relationship with our customers and is valued by Harris Teeter as part of our focus on the customer experience. In determining the value of this data to Harris Teeter, we consider the profit generated by Harris Teeter from our solutions or products that include personal information, which is reasonably related to the value provided to the consumer through personalized coupons, promotions, and other discounts or offers. These programs are valuable to us to understand what matters to you, our customer. These allow us to deliver relevant value to our customers. As part of our Loyalty programs, our best customers currently save $699 per year on average.

The categories of personal information that we collect through Harris Teeter Plus include:

o Unique Personal Identifiers (e.g., your name and online identifiers)

o Contact Information (e.g., your email and phone number)

o Demographic Information (e.g., your gender)

o Financial and Payment Information (e.g., your credit and debit card information)

o Behavioral Information (e.g., your purchase and transaction history, geolocation data, and IP address)

o Inferences (e.g., your interest segments)

o Characteristics of Protected Classifications (e.g., your gender)

If Harris Teeter Plus member chooses to exercise their CCPA privacy rights, the following activities will be taken by Harris Teeter to fulfill the member’s request:

• No loss of benefits for delivery or Fuel Points will occur for anyone in the household if opting out of sale of personal information for as long as you remain a member of the Harris Teeter Plus program.

• If you request to be deleted and we can verify your eligibility to make the request, we will delete your contact information including your physical address and email. This will make it impossible for us to provide many services to you including delivery, email communications and online personal offers. You will continue to receive Fuel Point benefits through the duration of the existing membership period.

For more information about your rights and how to exercise those rights, please visit Harris Teeter’s Privacy Policy: Privacy Policy - Harris Teeter

We will not discriminate against you for exercising your rights under CCPA.

Agreement Changes

We may in our discretion change these Harris Teeter Plus Terms (or any other of our terms and conditions), without notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Harris Teeter Plus program thereafter. However, any changes to the dispute resolution provisions set out in (GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted. If any change to these terms is found invalid, void, or for any reason unenforceable, such change is severable and will not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF HARRIS TEETER PLUS AFTER WE CHANGE THESE HARRIS TEETER PLUS TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR HARRIS TEETER PLUS MEMBERSHIP.

Termination by Us

We may terminate your participation in a Harris Teeter Plus Membership at our discretion without notice. If we do so, we will credit to your VIC loyalty card a prorated refund. The credit does not expire and is good on your next shopping visit to any Harris Teeter location or Kroger Family of Companies store locations (excluding Murrayscheese.com, HomeChef.com, Vitacost.com, Fred Meyer Jewelers, Fred Meyer Direct, Kroger Ship, Kroger Rush Delivery or Kroger Delivery Now). Your VIC loyalty card or Alt ID must be presented and used during the transaction to receive the credit.

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 Harris Teeter Plus, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Harris Teeter Plus Terms will not constitute a waiver of any of our rights.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION

RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Harris Teeter arising out of or relating in any way to your use of the Harris Teeter Plus Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN THE PARAGRAPH ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LEGAL REMEDIES. All arbitrations under the Harris Teeter Plus Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Sites, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

ARBITRATION PROCEDURES

Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to Harris Teeter by calling 1-800-432-6111 and asking for the customer service department and allowing Harris Teeter the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Harris Teeter Plus Terms.

The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its web site at www.adr.org.

The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.

All administrative expenses of arbitration proceedings commenced hereunder shall be paid by Harris Teeter.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing party’s attorneys’ fees provision a part of any statute under which you may bring a claim.

CHOICE OF LAW. The Harris Teeter Plus Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Ohio. The validity, effect, and enforceability of the arbitration provisions of the Harris Teeter Plus Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN HARRISTEETER.COM'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PAID TIER. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST PAID TIER ENROLLMENT FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PAID TIER. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE PAID TIER AND ALL SERVICES INCLUDED OR MADE AVAILABLE TO YOU THROUGH THE PAID TIER ARE PROVIDED BY HARRIS TEETER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HARRIS TEETER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PAID TIER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HARRIS TEETER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Privacy and the California Consumer Privacy Act of 2018 (CCPA)

If Harris Teeter Plus member chooses to exercise their CCPA privacy rights, the following activities will be taken by Harris Teeter to implement your rights which may impact your benefits.

No loss of benefits for delivery or Fuel Points will occur for anyone in the household if opting out of sale of personal information for as long as you remain a member of the Harris Teeter Plus subscription.

If a consumer requests to be deleted:

As required by law a delete request removes all contact information including physical and email address. This will make it impossible for us to provide many services such as delivery, email communications and online personal offers. You will continue to receive Fuel Point benefits through the duration of the existing subscription.

Upon expiration of Harris Teeter Plus annual enrollment, a Harris Teeter Plus member who wishes to reenroll in the Harris Teeter Plus program will need to provide personal information and pay renewal fees necessary to participate in the program. This will not prevent you from exercising future privacy rights.

For more information on Harris Teeter’s Privacy Policy and California Privacy Rights, please visit:

www.harristeeter.com/i/privacy-policy-ht

Agreement Changes

We may in our discretion change these Terms, harristeeter.com’s Conditions of Use and Privacy Notice, or any aspect of Harris Teeter Plus, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, such change is severable and will not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF HARRIS TEETER PLUS AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR HARRIS TEETER PLUS MEMBERSHIP.

Termination by Us

We may terminate your participation in a Harris Teeter Plus Membership at our discretion without notice. If we do so, we will credit to your VIC loyalty card a prorated refund. The credit does not expire and is good on your next shopping visit to any Harris Teeter location or Kroger Family of Companies store locations (excluding Pick-n-Save, Mariano’s, Metro Market, Copps, Murray’s Cheese, Vitacost.com, Fred Meyer Jewelers, Fred Meyer Direct, Harris Teeter Ship, or Kroger Rush Delivery). Your VIC loyalty card or Alt ID must be presented and used during the transaction to receive the credit.

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 Harris Teeter Plus, 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.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.

RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Harris Teeter arising out of or relating in any way to your use of the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. You specifically acknowledge and agree that you waive THE right to bring a lawsuit IN COURT based on ANY claims or disputes DESCRIBED IN THE PARAGRAPH ABOVE, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Sites, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

ARBITRATION PROCEDURES.

The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.

All administrative expenses of arbitration proceedings commenced hereunder shall be paid by Harris Teeter.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.

CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Ohio. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Limitation of Liability