SECTION 1: USE & SALE
By using our Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account.
SECTION 2: GENERAL
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to do any one or more of the following with or without prior notice to you:
(a) Deactivate your password;
(b) Terminate your user account;
(c) Delete any and all information in your user account; and
(d) Restrict or block your access to the Website.
You agree that we shall not be liable for any errors on our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions (“Additional Terms”). You understand and agree that Additional Terms are automatically incorporated by reference into these Terms & Conditions.
Use of the Website is only available to users who are 18 years of age or older and reside in the United States, or its possessions AND territories. FoodieFit makes NO claims that the Website OR ANY of its content is accessible from outside the United States. Should you access our Website outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
SECTION 3: CONTENT RESTRICTIONS
You acknowledge that this Website contains, or may contain in the future, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws).
FoodieFit trademarks owned by FoodieFit. FoodieFit reserves all rights in these trademarks and any other trademarks or intellectual property owned by FoodieFit. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in the Content. You may download the Content for personal use only. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
SECTION 4: REGISTERED USERS
There is no cost to becoming a registered user of our Website. You do not have to become a registered user to use this Website. However, you must be a registered user to order our food products (“Products”). From time to time, areas of the Website may be restricted for use by registered users only. You must register in accordance with instructions that you will find on this Website.
If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and maintain, keep accurate, and promptly update the Registered User Data and any other information you provide to us. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof).
You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account or create a false or misleading identity on this Website. You may create an account on behalf of a family member or significant other who otherwise would not be able to register an account and manage it themselves.
SECTION 5: PRIVACY
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
SECTION 6: LINKS
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
SECTION 7: USER SECURITY
If you are a registered user of this Website, you are responsible for:
(a) Maintaining the confidentiality of your password;
(b) Maintaining the confidentiality of your user account information; and
(c) Any and all activities which occur under your user account.
You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password.
SECTION 8: HEALTH DISCLAIMER
This Website does not provide weight loss management or advice. FoodieFit is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition.
SECTION 9: NUTRITION CONSULTATIONS
FoodieFit does not provide medical advice. The contents of FoodieFit websites, such as text, graphics, interactive tools, images and other material contained on the site (“content”) are for informational purposes only. The content or any nutritional advice received is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. All nutritional advice provided by FoodieFit is for educational purposes only. All nutritional advice should be taken at the discretion and risk of the customer/visitor. Reliance on any information provided on FoodieFit websites, including information posted by other visitors to the sites, is solely at your own risk. Nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science.
The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
SECTION 9: PRICING POLICY
We make every attempt to avoid errors in pricing and product information. If a mistake occurs, we reserve the right to correct it, and we apologize for any inconvenience it may cause. All prices listed on the Website are in U.S. dollars.
SECTION 10: FOOD SUBSTITUTION POLICY
Although FoodieFit takes every reasonable measure to obtain sufficient inventory to fill your order, availability of product(s) may change without notice. FoodieFit is not responsible for unavailability of product due to popular demand or discontinuation.
FoodieFit reserves the right to substitute an unavailable product with a similar product. When making substitutions, FoodieFit will attempt to meet the requirements of your particular FoodieFit meal plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered. If you have any food allergies or if you are otherwise concerned about any particular ingredients, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content prior to consumption of any of FoodieFit’s food products.
SECTION 11: CROSS CONTAMINATION RISK
Please Note: FoodieFit’s food items may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, shellfish, soy or tree nuts.
SECTION 12: PRODUCT DISPLAY
We have made every effort to accurately display the Products featured on the Website. However, the colors we use and the capabilities of your computer monitor may affect the colors visible on your screen. As such, we cannot guarantee that your monitor’s display will be accurate.
SECTION 13: CREDIT CARD SECURITY
FoodieFit is committed to protecting any information you give us during a credit card transaction. FoodieFit uses a third-party vendor to process all credit card payments. FoodieFit does not have access to your credit card information. To extent that FoodieFit may, in the future, have access to your credit card information, we will treat it as personal information covered by our Privacy Policy.
In accordance with our Privacy Policy, we will not share the information. In accordance with industry custom, we enforce commercially reasonable security measures to protect against the loss or misuse of any personal information that we have collected from you.
PLEASE NOTE THAT NORMAL E-MAIL (SUCH AS USING “CONTACT US” OR YOUR HOME E-MAIL) IS NOT ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.
SECTION 14: PAYMENT
FoodieFit currently accepts Visa, MasterCard, Discover and American Express for all orders. Payment for Products ordered will be processed at the time of placing such order. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. For your order to be accepted, your method of payment shall be validated and must have enough available funds required for the transaction. Upon approval, the order will be accepted for shipping and delivery. FoodieFit reserves the right to establish a spending limit for your account. Your right to order Products is also subject to limits established by your payment card issuer.
SECTION 15: REFUND POLICY
If you are dissatisfied with a meal, meal ingredient or a meal’s appearance on arrival, please contact us at info@foodiefit.com and our customer service agents will research the incident, and at their discretion, may offer credit in the form of FoodieFit credit to the customer account. We may require photographic documentation of any meal with which you are dissatisfied before we issue a credit. Meals that did not meet your taste preferences do not constitute an automatic refund and are taken on a case by case basis.
Refund requests must be made by phone or email within 7 days of delivery. Meals that arrive unfit can be credited to the account for use in a future order. We value photos of any improper food arrival to continue improving our packaging. A customer service agent may request photographs be sent to accompany the reported complaint. We encourage all customers to remove meals immediately from their box and place in the refrigerator, inspecting containers as they are transferred.
Meals delayed by our third-party courier must be communicated with our team in urgency so we may try to resolve this issue. Credit on orders that did not arrive due to courier or FoodieFit fault will be given in the form of FoodieFit credit to the customer account. FoodieFit is not liable for packages undelivered due to incorrect addresses submitted by the customer. Orders may be modified or canceled up to 48 hours prior to the delivery day and time via our website or by contacting us at info@foodiefit.com. We are unable to modify or cancel orders once the cutoff has passed as ingredients have been ordered.
SECTION 16: OVERVIEW OF SUBSCRIPTION SERVICES
For your convenience, FoodieFit offers subscription services whereby you select a set of meals and a delivery date of your choosing and FoodieFit sends those meals to the location you have selected on a weekly basis.
SECTION 17: BILLING FOR SUBSCRIPTION SERVICES
For subscription customers FoodieFit will bill the credit card on file on Saturday prior to delivery date. By subscribing to our service, you are agreeing to pay recurring periodic subscriptions for an indefinite period of time until cancelled by you or us. You will not receive any advance notice of this payment, but you will receive post-payment confirmation by email. It is your responsibility to maintain current, valid payment information with FoodieFit. If your automatic recurring payment is declined, you will be contacted by phone or email. If we cannot contact you, we cannot guarantee that your meals will be shipped.
SECTION 18: ORDER CANCELLATION FOR SUBSCRIPTION SERVICES
Subscription customers have the ability to select, change, pause, or cancel a meal delivery up to 48 hours prior to the delivery day and time. Orders cannot be modified or canceled after the cut-off time. Unless notified by the subscriber prior to the cut-off, FoodieFit will prepare and ship the meals selected in accordance with subscription terms and bill the credit card on file in accordance with our normal billing procedures. Order cancellations must be submitted prior to the cut-off time to take effect for the next week’s delivery.
SECTION 19: CONTINUOUS SUBSCRIPTIONS
WHEN YOU REGISTER FOR A SUBSCRIPTION (AND EACH TIME YOU CHANGE YOUR PLAN), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FoodieFit (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AN INDEFINITE PERIOD OF TIME UNTIL CANCELED BY YOU OR US. THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT. YOU ACKNOWLEDGE AND AGREE THAT FOODIE FIT WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
SECTION 20: INTELLECTUAL PROPERTY
The entire contents of the Website are copyrighted as a collective work under the laws of the United States and other copyright laws. FoodieFit holds the copyright in the collective work. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FoodieFit or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Website for your personal, non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use or any other expressly permitted use (e.g., in the case of electronic coupons, etc.). You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You may not:
(i) modify copies of any materials from the Website;
(ii) use any illustrations, photographs video or audio sequences or any graphics separately from the accompanying text; or
(iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FoodieFit. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
SECTION 21: VENUE AND GOVERNING LAW
You agree that these Terms and Conditions shall be governed, construed, and administered according to the laws of the State of Nevada, as from time to time amended, and any applicable federal law. Should any dispute arise between you and FoodieFit arising pursuant to these Terms and Conditions, you agree that any dispute will be submitted to a binding arbitration with the American Arbitration Association and that the arbitration shall take place in Clark County, Nevada.