Terms and Conditions
Last modified: 17 February 2019
1. Acceptance of Terms and Conditions
Any reference in this Agreement to “You,” “User” or “Your” refers to you, as the Website visitor or User and any reference in this Agreement to the “Company,” “Meal Kit Advisor,” “We,” “Us” or “Our” refer to Meal Kit Advisor.
Please carefully read this Agreement before proceeding to use our Website. If you do not agree with any Terms contained hereunder, you should immediately leave the Website. By continuing to use the Website, you agree to be bound by these Terms.
2. Access to the Website
The Website is not targeted at Users who are under the age of 13 years (“Children”). We do not knowingly collect any personal information from children, and if you are under the age of 13, you are forbidden from accessing our Website or providing any personal information through our Website.
3. Changes to the Website and Content
From time to time we may add, remove or modify features, functionality, and Content available on the Website without providing any prior notice to you. Please note that any changes on the Website will become effective from the date of such amendment being posted on the Website.
If we make any changes to any provisions of this Agreement, we will inform you of such change by amending the last updated date on the top of the web page where these Terms appear.
Please review these terms periodically to ensure that you are familiar with any material changes. You hereby release the Company of any liability arising from your failure to review such modified Terms.
4. Information Disclaimer
ALL INFORMATION ON THE WEBSITE INCLUDING PRODUCT REVIEWS, ARTICLES AND ADVICE IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU ARE HEREBY ADVISED TO UNDERTAKE YOUR OWN INDEPENDENT RESEARCH AND EXERCISE YOUR OWN BEST JUDGMENT BEFORE MAKING ANY PURCHASE DECISIONS OR IMPLEMENTING ANY LIFESTYLE OR HEALTH ROUTINE.
THE COMPANY DOES NOT ENDORSE OR RECOMMEND THE CONSUMPTION OR USE OF ANY PRODUCTS OR SERVICES LISTED, PROMOTED OR SOLD THROUGH THE WEBSITE. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES YOU FIND ON THE WEBSITE, AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM OR CONNECTED WITH THE USE OF PRODUCTS OR SERVICES ON THE WEBSITE.
5. Affiliate Marketing Disclosure
We participant in affiliate marketing programs and from time to time we will share/post links on the Website for Products and Services that are neither owned nor controlled by us. When you click on these Product and Service links and make a purchase, we earn a small commission income. Although we would never promote and post links for Products and Service that we do not believe in, we are unable to offer you any warranties of any nature for such products and services. Just as with any other purchase decision, in any other environment, you are advised to exercise your own best judgment when making any financial decisions to purchase any product or service.
6. Link to third-party websites
THE COMPANY IS NOT A PARTY TO ANY SALE AGREEMENTS ENTERED INTO BETWEEN THE USER AND A THIRD-PARTY VENDOR. THE COMPANY AND ITS OFFICERS ARE NOT RESPONSIBLE FOR AND DISCLAIM ALL LIABILITY FOR AFFILIATE PRODUCTS AND SERVICES LINKED / SHOWCASED OR PURCHASED THROUGH OUR WEBSITE OR ANY THIRD-PARTY WEBSITE. YOUR DECISION TO PURCHASE ANY PRODUCT REVIEWED OR ADVERTISED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.
7. Advertising Disclaimer
OUR ACCEPTANCE OR PLACEMENT OF ANY ADVERTISEMENT ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH ADVERTISED PRODUCT OR SERVICE BY THE COMPANY. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE OR ANY PROMISES MADE BY SUCH ADVERTISERS.
8. Community Guidelines
Where we allow you to participate in our online community by contributing comments or reviews on our website, you agree to abide by our community guideline at all times. We believe these guidelines will help us create a healthy and functional community. If you do not wish to abide by this provision, please refrain from posting any content on our Website.
For those who wish to join the conversation, please ensure that you:
Never disclose the personal information of any other User;
Never impersonate another User;
Respect other Users who are in this community with you. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others. In short, be kind to others;
Respect the law and refrain from posting content that violates any law including copyright laws;
Help us monitor unhealthy User behavior by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime;
Never post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal or unethical;
We have a zero tolerance policy for Users who intend to or actually use our Website for predatory behavior including stalking, harassment, bullying or any similar dangerous behavior.
If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Community.
9. Acceptable Use Policy
You agree that you will never:
Post any content that may be potentially or actually harmful to the Company or any User;
Post any content or information that is false, inaccurate, misleading or deceptive in nature;
In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
Act in any manner that may lead to a violation of any applicable laws or regulation;
Post any content that may be deemed defamatory, libelous, threatening or harassing;
Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website.
If we have reason to believe that you have breached any obligation under this clause, we reserve the rights to cancel or suspend your account.
10. Contests and Sweepstakes
The Company may in its sole discretion organize contests and sweepstakes on the Website that may be governed by their own terms and conditions. It is solely your responsibility to read all applicable terms and conditions to ensure that you are eligible to participate in a contest or sweepstake and to fulfill all the requirements for successful participation. Please take note that the Company will not be liable for any loss or damage suffered by you as a result of your failure to read the relevant terms and conditions.
11. Product Reviews
We review all Meal Kits ourselves and the reviews are based on our personal opinion. For the purposes of full disclosure, we would like to inform you that we receive compensation for our referrals and this compensation may impact how content is placed on our Website. We reserve our right to change any content and its placement on our Website without giving any prior notice to our Users or incurring any liability for any changes. We make our best effort to provide only accurate and current information. However, you understand that Meal Kit companies have full rights over their service and may change any part or whole of their service at any time without giving any prior notice to us.
12. Your Feedback
We would love to hear your views. If you would like to share your feedback and suggestions about how we can improve our Website, please send your feedback to email@example.com. By submitting your feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit your feedback, in whole or part, without any restriction or compensation to you.
13. User-Generated Content
‘User-Generated Content’ includes but is not limited to any comments and reviews posted by our Users, administrators or moderators on the Website. All User-Generated Content on the Website is the opinion of the User who posted such content and not the opinion of the Company. User-Generated Content is neither verified nor approved by the Company, and each User should undertake their own research to be satisfied regarding the accuracy of such information. You agree that Company is not liable for any User-Generated Content and it is the sole responsibility of the User from whom such Content originated. The Company will not be liable for any errors or omissions in any User-Generated Content.
We do not claim ownership of any User-Generated Content that you post or share with us on our Website or social media pages, but you do acknowledge that such content is by its nature publicly accessible and will be visible to all Website visitors. You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable, sublicensable right to use, distribute, reproduce, modify, adapt, publish, display or share, in print or on any digital media including third-party social media platforms, any User-Generated Content that you submit, post or share on our Website or on our Social media pages.
14. Intellectual Property
Unless expressly stated otherwise, all content available on the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute a violation of intellectual property law.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or any other User Generated Content (“Third Party Intellectual Property”) that you do not have rights and licenses to use. You understand that your use of Company Content or any Third Party Intellectual Property on any other website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a revocable, non-exclusive, non-transferable license to use the Website as set out in this Agreement.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
15. Copyright Policy
We respect the Intellectual Property Rights of others and do not condone any violations of copyright laws. If you believe that your content has been posted, uploaded or shared on our Website in a manner that infringes your Copyright in such content, please send a Notice of Alleged Infringement to the email address provided at the bottom of this provision, and we will take the steps we see fit to remedy the situation.
For purposes of Notice of Alleged Infringement you will be required to provide us with the following information:
Identify the copyrighted work that has been infringed;
Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization for example link to the page where the infringing content appears;
Your contact information including your name, phone number, and email address;
A statement by you that declaring that you bona fide believe that the use of the content is infringing the copyright of the IP owner;
A statement declaring that all information provided by you in the Notice of Alleged Infringement is accurate, and under penalty of perjury, you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
16. Disclaimer of Warranties
The Website and all information/content contained therein is provided to you on an “AS IS” and "AS AVAILABLE" basis without any representations or warranties of any kind, express or implied. The Company and its directors, employees, agents, representatives, suppliers, and partners do not warrant that:
(a) the Website will be uninterrupted, error-free or completely secure;
(b) the Website will be available at any particular time or location;
(c) any defects or errors will be corrected;
(d) any content available on the Website is free of viruses or other harmful components; or
(e) the results of using the Website or information will meet your requirements.
You accept that your use of the Website and associated services is solely at your own risk. The Company reserves the right to withdraw in part or whole the Website or any Services and from public access at any time for any reason.
15. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in procurement of substitute services or indirect, incidental, special or consequential damages, arising from or related to your use of the Website or failure to use the Website. This limitation of liability shall apply to the fullest extent permitted by law.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR WEBSITE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY USER BEHAVIOR. THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with a claim asserted against you regarding:
(i) Your access to the Website,
(ii) the violation of these Terms by you, or
(iii) the infringement by you, or any third party using your account or Username or password, of any intellectual property or other rights of any person or entity.
17. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of New York without giving effect to principles of conflict of laws. The Company and the User submit to the courts of the State of New York for settling any claims, actions or disputes arising out of or associated with this Agreement.
18. Entire Agreement
This Agreement constitutes the entire understanding between you and the Company.
19. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.