Effective Date: May 7, 2020
Venue. We are a meal kit delivery company. You can purchase our products via the Site. You are responsible for cooking the food properly. We include cooking instructions with the meal kits. We highlight allergens in our food items in the menu, you are responsible for checking allergens prior to purchasing our foods.
1) Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
2) License to Your Content. By submitting any content (e.g., product review), you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
3) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us at email@example.com
By using this Site, you represent, warrant and agree that:
1) If you place an order, you have a full capacity to form a legally binding contract.
2) You will provide a valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use fake identity.
3) The title to the items purchased does not transfer to you until we have received payment in full.
4) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
5) Submission of untruthful reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
6) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
7) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
8) You will not access our Site in order to gain a competitive advantage.
9) You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
11) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
12) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
13) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
REMEDIES FOR BREACH OF THESE TERMS
2) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
REFUNDS; MISPRICED MERCHANDISE
We will issue a refund if there was a mistake in the order, if food arrived damaged or in other similar circumstances. We will not refund purchases that are due to your dissatisfaction with the product.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
These Terms and any action related thereto will be governed by the laws of California, without regard to its conflict of laws provisions that would result in application of any other law. You consent to the exclusive jurisdiction and venue of the courts of Santa Clara, CA in connection with any matter based upon or arising out of these Terms.
1) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
2) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Site on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
3) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
6) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
Last Update: February 7, 2020
We reserve the right to change this Policy at any time at our sole discretion. The effective date of the last update is at the top of this page, so visit it occasionally to see if there are any changes.
Collection of User Data
Here are the types of information regarding the Site users we may collect:
1) Personal Info: name, payment information, email address, phone number, physical address.
2) Payment Info: we do not store credit card information and our employees cannot view it. Stripe, a third party payment processor, handles credit card payments.
3) Communications: if you contact us for any reason, we will receive whatever information you voluntarily provide (e.g., your feedback, ratings and reviews).
4) Site Interaction: we use social media pixels to track user interaction. We see what content our Site users access, when and how they interact with the Site content/pages.
Use of Data
We do not sell collected personal information to anyone. We use the collected data for the following purposes:
1) To provide the services and/or information that you have asked for.
2) To communicate with you regarding changes to your account or our Site.
3) To send our newsletter to those who sign up for it. They can opt out by writing to firstname.lastname@example.org.
Disclosure of Data
In addition to sharing your data as described above, we may disclose the collected personal information as follows:
1) In case there is a sale, merger or other transfer in the ownership of our Site, the successor will receive personal information about our Site users along with the assets transferred.
2) To our contractors, business partners, third party service providers and other entities or individuals who provide support for our Site. For example, integration and API partners.
Only our administrators are allowed to access our Site’s password-protected server where your personal information is stored. We utilize SSL. However, any transmission of information over the Internet has its inherent risks, so we cannot guarantee the absolute security of your personal information. Transmit personal information over the Internet at your own risk. We shall not be liable for circumvention of security measures or privacy settings on the Site. It is your responsibility to keep your login credentials, if any, confidential.
We do not knowingly collect any personal information about children under the age of 13. Our Site is not directed to children under the age of 13. If we become aware that a child under 13 has provided any personal info, it will be erased from our database as soon as reasonably possible, except when we need to keep that information for legal purposes or to notify a parent or guardian. However, portions of this data may remain in back-up archives or web logs even after we erase it from our databases. If a parent or guardian believes that a child has sent us personal information, send us an e-mail at email@example.com.
Your California Privacy Rights
We will not share your personal information with third parties for their direct marketing purposes to the extent it is forbidden by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance. California law requires that operators of online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the online service that a user visits, indicating that the user does not wish to be tracked. At this time we do not respond to Do Not Track signal.
Accessing and Correcting Your Personal Information
You can view and edit your account information yourself after logging in. If you terminate account, we may retain some information for as long as necessary to evaluate Site usage, troubleshoot issues, resolve disputes and collect any fees owed. If you have any questions or wish to ask to access, modify or delete any of your personal data on our Site, please send us an e-mail to firstname.lastname@example.org.
Please submit your inquiries to email@example.com