TERMS OF SERVICE AGREEMENT
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Arbitration notice: unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified the “Dispute Resolution” section, and except for certain types of disputes described in “Dispute Resolution” section, you agree that disputes between you and ChefXChange will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
CHANGES TO TERMS OR SERVICES
We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, in our App, or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or in our App or have communicated them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
REGISTRATION AND YOUR INFORMATION
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this on our Site, in our App, or through your account with certain third-party social networking services, such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, so you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them, so please keep your password secret and secure.
We want to keep all our users safe and happy, so we reserve the right, in our sole discretion, to disable, suspend, cancel, or delete any Account for any reason, or to refuse any user access to any of our Services, if we think doing so will help keep things safe and enjoyable for everybody.
IMPORTANT HEALTH INFORMATION
People with certain conditions must have physician approval prior to starting any ChefXChange meal delivery subscription plan; these include, but are not limited to people who: (a) are pregnant, (b) have chronic kidney disease, (c) children under 17 years old, or (d) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any ChefXChange meal delivery subscription plans.
WEIGHT LOSS AND HEALTH CLAIMS
ChefXChange provides weight loss and health information solely for informational purposes. By purchasing from ChefXChange, you acknowledge that ChefXChange does not make any claims, guarantees, explicit or implied, for any specific results.
MEAL BOX STORAGE, FREEZING AND HEATING INFORMATION
Please note that storage, freezing and heating guidelines are reflected on the labels on our meal containers. Meal containers delivered chilled. ChefXChange is not liable for any mishandling of any meals, whether in the customer’s possession or not. And furthermore is not liable for any food related illness or death that may result from the use of this service, including anything related to allergies or other adverse reactions.
When you first sign up for a subscription to a ChefXChange meal delivery plan (a “Plan”), you are charged only for the first week of the Plan at the time of your Plan selection. All Plans (excluding in-house preparation) are continuous subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly basis no earlier than six (6) days before each subsequent expected delivery date until your subscription is cancelled. If you wish to cancel or modify your subscription to a Plan, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as noted otherwise below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged.
ChefXChange may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of these Terms and Conditions. Price and Plan changes will take effect as of the next billing period following the date on which ChefXChange provided notice to you of the price or Plan change. By continuing to use ChefXChange after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
By entering into these Terms, you acknowledge that the program you select has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership or subscription by you or ChefXChange. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Memberships and subscriptions continue until cancelled by you, the particular ChefXChange Program is cancelled by us or we terminate access to or use of the Services in accordance with these Terms.
All sales are final. But if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order we’ll refund any payment you may already have remitted to us. If you are not satisfied with a meal for any reason, please contact our customer service team at firstname.lastname@example.org. You must report your issues within 5 days of the meal being delivered. Depending on the circumstances, and in its sole discretion, ChefXChange may provide you a full or partial refund of the purchase price for that delivery. ChefXChange may require the return or photo documentation of the meal(s) that you are not satisfied with before any refund is considered.
SERVICE LOCATION AND FREE DELIVERY
Meal delivery service and free delivery is only available in London. You can always enter your postcode to check if your area is served. Delivery day: Monday and Thursday. ChefXChange reserves the right to charge a delivery fee in London and elsewhere at its sole discretion.
We can’t guarantee that every Meal will arrive exactly within the timeframe we give you when you initiate a Transaction. In particular, in the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Meal, we will attempt to deliver your Meal as soon as reasonably possible. In the event that timely delivery of your Meal is not feasible, we will cancel your Meal delivery for the period so affected and issue you a credit or refund of the purchase price for that Meal. If a Meal arrives early or late, you agree that you will still accept the Meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery.
We recommend that you plan in advance for any delivery to ensure proper storage and refrigeration prior to consumption. You are responsible for inspecting all meals you receive from us for any spoilage, damage or other issues upon delivery and we recommend that you immediately refrigerate all perishable items. The condition and consumption of the Meal is solely at your risk, and you are solely responsible for the appropriate and safe handling, preparation, storage, cooking as necessary, use and consumption of the Meal following delivery.
CANCEL OR MODIFY A SUBSCRIPTION
Following your Plan selection and placement and receipt of your first weekly order, you may cancel or modify a subscription to a Plan at any time by giving us 7 days notice. To cancel or modify your plan, you need to email us at email@example.com. Please note, however, that any amounts charged to or paid by your prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order.
If you cancel a subscription to a Plan before receiving your first order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the state of your meals in our production process, and any promotions applied. You will be notified if any of your charged orders will be cancelled and refunded, or if you will still receive the order after cancellation.
FOOD SUBSTITUTION POLICY
Although ChefXChange takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. ChefXChange is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, ChefXChange reserves the right to substitute a similar product. When making substitutions, ChefXChange takes great care to meet the requirements of your particular ChefXChange meal delivery subscription plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered.
Please Note: ChefXChange’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and nuts.
We use third-party carriers to deliver your food packages. It is very important that you provide us with the proper delivery details and any special instructions the delivery person may need. For any delivery error that is caused during delivery (including damaged packages), ChefXChange in its sole discretion may issue you a replacement delivery or replacement products. Please note, we may ask for pictures.
DIRECT IMPORTANT INFORMATION
You must sign up by Wednesday 5 pm for following week delivery. Weekly menu sent on Monday, so you have enough time to pick and curate your menu. You must pick your weekly menu choices by Friday 5pm. If menu choices are not received on time, we may not be able to provide your choices.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation, or cancellation of Services or your Account, the following Terms will survive: warranty disclaimers, limitations of liability, and dispute resolution.
THE SERVICES AND MEALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless ChefXChange and our officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.
LIMITATION OF LIABILITY
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MEALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONSUMPTION OF MEALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY MEALS YOU HAVE RECEIVED EXCEED THE AMOUNTS YOU HAVE PAID TO CHEFXCHANGE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Unless otherwise expressly written, these terms and conditions shall be additionally governed under the terms and conditions covering the remainder of the ChefXChange site.