Effective Date of Current Policy: April 1st 2018
Fresh Lunch Boxes requires that users create accounts containing usernames, passwords, email addresses and other confidential information. This information may be used exclusively by Fresh Lunch Boxes in an effort to create, manage and deliver certain products available on the site. By creating an account, you acknowledge that all information is true, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per household. Fresh Lunch Boxes will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts.
When you place an order on our Site, we collect your name, child(ren) name and birthday, email address, mobile phone number, mailing address and credit card number. The personally identifiable information we collect when you place an order or register for membership on our Site may be used for any of the following purposes: (1) to fulfill your requests for products and services; (2) to notify you of order, delivery, and shipment statuses; (3) to provide you with offers from Fresh Lunch Boxes; (4) to contact you when necessary; (5) to review Site usage and operations; (6) to address problems with the Site, our business or our products and services; and (7) to protect security or integrity of the Site and our business.
Your personal information will not be shared with third-party companies not associated with the operations or service of Fresh Lunch Boxes, LLC. We may disclose your information to third parties if the law requires it or to protect the rights or property of Fresh Lunch Boxes. If you opt-out of promotional or newsletter emails from Fresh Lunch Boxes, we may continue to send you certain transactional communications, such as service announcements and administrative messages relating to Fresh Lunch Boxes that are necessary for our relationship with you.
We collect your mobile phone number to assist in shipping your order to you. If available, you may also choose to receive SMS text updates from us regarding your order status. You may opt out of receiving text messages at any time by following the instructions provided in the text correspondence.
We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) by us via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We provide a platform through which users can buy quality meals and food items (the “Meals”). You can purchase Meals at fixed prices on a one-off basis or by joining our Meal delivery subscription program (“Subscription Program”). We want you to love not just the Meals you find on our Site but also the whole experience you get from using our Services. We’re confident that you’ll love Fresh Lunch Boxes, but please understand that you use our Services at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services.
When you buy a Meal on a one-off basis or as part of a subscription through any of our Services (such purchase, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Meal Description and Nutritional Data
We make a conscientious effort to describe and display every Meal accurately on our Site and marketing material. Because all our Meals are handcrafted by excellent chefs, however, occasionally a Meal you receive won’t look or taste exactly as it was described or depicted to you. You understand that this is normal, and you agree to accept such a Meal, regardless of reasonable variation from its description or depiction. We can’t and don’t guarantee the accuracy or completeness of any description or depiction of any Meal. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving you notice.
We can’t guarantee that every Meal will arrive exactly within the timeframe we give you when you initiate a Transaction. 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.
If you have a complaint or dispute concerning a Meal you’ve purchased through our Services, please contact us at firstname.lastname@example.org, and we’ll try to fix the problem in the manner we deem appropriate, in our discretion.
Subscriber meals will be delivered in a cooler to ensure proper temperature is maintained for the meals. This cooler is the property of Fresh Lunch Boxes and is not part of the purchased product, therefore all coolers must be returned to Fresh Lunch Boxes.
Each cooler used in a delivery will be marked with a unique number and tracked. The subscriber must return the cooler at the next scheduled drop-off. If a subscriber does not return the cooler, he/she is subject to be charged.
Charges - Cooler Program
Your first delivery will be provided in a cooler and we ask that you leave that same cooler out at the next scheduled delivery. We will leave a new cooler with your meals, and pickup the previous cooler.
If at the second delivery, there is not a cooler for pickup, the subscriber may recieve an email reminder regarding the cooler pickup at the third delivery.
If at the third delivery since the initial delivery, there is still not a cooler for pickup, the subscriber will recieve a warning that a charge will be applied.
If at the fourth delivery, the first cooler delivered is still not returned, the subscriber will be billed $25.00 for the first cooler provided. At this point, if no coolers have been returned, the subscriber would now have in their possession, four coolers.
Another $25.00 will be charged each week, for each cooler unreturned. Essentially, each cooler may be with the subscriber for up to 4 weeks before the subscriber is charged.
Fresh Lunch Boxes reserves the right to charge a subscriber for an unreturned cooler sooner than the four week timeline if:
- The subscriber appears to be unresponsive to communication or communicates in an aggressive, offensive or inflammatory way.
- If the subscriber indicates their intent is to not return the cooler.
- The subscriber has cancelled their service, at which point the cooler must be returned at the next normal delivery date.
We will make every reasonable effort to work with each subscriber for pickup of the cooler before they are charged. Once a subscriber is charged, the cooler belongs to the subscriber and the ID will be taken out of circulation and tracking by Fresh Lunch Boxes.
Normal wear/tear notwithstanding, coolers should be returned in good condition. A subscriber may be charged if a cooler has been noticeably marked in a way that is not removable (markers, paint, etc.), has damaged hinges or handles, contains contents that is not safe to handle by our staff or contractors, or is otherwise compromised in it's ability to keep contents cool as designed. We will notify subscribers and supply pictures of damaged coolers as a courtsey, before intiating any charges to a subscriber. Charges for damaged coolers will be relatively immediate subsequent to sending pictures to the subscriber.
Cancellations - Cooler Program
Fresh Lunch Boxes subscriptions support a no-obligation, cancel anytime model. In the event a subscriber cancels their service, they must return all coolers in their possesion at what would have been the next scheduled delivery date. Failure to do so would result in immediate charges for each cooler in their possession unless the subscriber notified Fresh Lunch Boxes of their inability to supply the coolers on that date, and provided a reasonable alternative to returning the coolers, either by bringing them to our kitchen, or establishing a different and mutually agreed date for pickup. Failure to meet the alternative agreeed to will result in immediate charges.
Changing or Cancelling Meal Selections
You may change or cancel any re-occurring meal order you have scheduled as part of a subscription at any time up to the 12pm CST of the published ordering period close date. Thereafter, the order cannot be changed or cancelled and your payment method will be charged the applicable subscription fee as stated herein. Canceling a specific Meal order which is part of a subscription does not cancel your subscription. Instructions for cancelling your subscription are stated below under the Section titled “CANCELLATION POLICY FOR SUBSCRIPTION RENEWALS”
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 individual order or an order part of a subscription, we’ll refund any payment you may already have remitted to us.
Fresh Lunch Boxes may offer free trials or discounted trials for a specified period time (a “Promotional Trial”). If we offer you a Promotional Trial, the specific terms of your Promotional Trial will be provided at registration and/or in the promotional materials describing the trial. Promotional Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the trial offer, Promotional Trial subscriptions are only available to users who have not previously participated in a Fresh Lunch Boxes subscription. Unless you cancel your subscription prior to the end of your trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the applicable subscription fee (plus any applicable taxes and other charges) at the current rate of the plan you have chosen until you cancel your subscription. You may not receive a notice from us that your Promotional Trial has ended or that the full payment portion of the applicable subscription has begun. We reserve the right to modify or terminate Promotional Trials at any time, without notice and in our sole discretion.
THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
Fresh Lunch Boxes offers various subscription types: including re-billable weekly, biweekly and monthly subscriptions (“Monthly Subscriptions”); trial periods and occasional ordering. If you are located in an included area, you can subscribe to Fresh Lunch Boxes by signing up and paying a subscription fee (“Subscription Fee”) for the number of meals you choose to have delivered to you, either weekly, biweekly, or monthly. The Subscription Fee (plus any applicable taxes and other charges) will be charged to your payment method at the beginning of the paying portion of your subscription and each week thereafter at the then current rate. We automatically charge your payment method each renewal period. Your Subscription Fee will vary depending on your selected preferences and any modifications you make to your subscription thereafter.
AUTOMATIC RENEWAL TERMS
With respect to Fresh Lunch Boxes subscriptions subject to automatic renewal, you agree that Fresh Lunch Boxes may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Fresh Lunch Boxes was notified.
By purchasing a Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Fresh Lunch Boxes after the expiration date of your payment card.
AUTOMATIC RENEWAL TERMS
Your subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your Subscription renewal.
CANCELLATION POLICY FOR SUBSCRIPTION RENEWALS
You may cancel your membership or subscription to Fresh Lunch Boxes at any time. To cancel your Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at email@example.com and we will do it for you who can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term. You will be responsible for all subscription fees (plus and applicable taxes and other charges) incurred before the effective date of your cancellation.
ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE PROGRAM FEE PAID FOR THE THEN CURRENT MEMBERSHIP OR SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at firstname.lastname@example.org and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings within the Site.
REFUND POLICY FOR SUBSCRIPTIONS
Upon initial purchase, a subscription may be refunded and cancelled prior to the close of the ordering window immediately following the subscribers initial purchase. With respect to subscription renewals, refunds may not be granted once a subscription plan has renewed. All cancellations must take place prior to the close of the ordering window and all cancellations from then on, will take effect on the subscribers next scheduled renewal.
RETURNS, EXCHANGES, & REPLACEMENTS
Returns, exchanges are not supported & replacements may be granted at the sole discretion of Fresh Lunch Boxes. If you need assistance, reach out in a reasonable amount of time to email@example.com to present your request.
Fresh Lunch Boxes will replace product missing from a delivery on the next delivery cycle, or credit the subscribers account, as requested by the subscriber. During the normal course of operations, sometimes items are missed. If this happens, reach out to the support email address above and notify our team. Fresh Lunch Boxes reserves the right to refuse replacements or credits for any reason at it’s sole discretion.
Users agree not to refuse shipments from Fresh Lunch Boxes. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. Fresh Lunch Boxes assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
DIGITAL MILLENNIUM COPYRIGHT ACT
Fresh Lunch Boxes expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on this site without authorization, you may notify us with the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
your contact information, including address, telephone number and, if available, e-mail address;
a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
CHANGES TO THE WEBSITE; DISCLOSURE
YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE site IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRESH LUNCH BOXES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation of Liability. IN NO EVENT WILL FRESH LUNCH BOXES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We control and operate the site from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. If you choose to access this site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss
Any Meals purchased from our site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Waiver and Severability