Terms & Conditions

Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Intellectual Property

1. All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ActivMeals, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.

2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ActivMeals.

3. You must read these intellectual property rights as being subject to any restrictions on use applying to any materials or content on the Site including photographic images, videos and text whether directly on a page of the Site or contained in a document accessible from a page of the Site (“Materials”) or part of them such as video and photographic images which are subject to the special restrictions set out.

4. If you do not agree to be bound by any Special Restriction, then you must not use ActivMeals Materials made available under these terms.

5. Provided that you are eligible to use the Web Site, you are granted a limited license to access and use the Web Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Web Site, the Content and the Marks.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Accuracy, Completeness and Timeliness of Information

1. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Basis of Sale and Service

1. ActivMeals' agents are not authorised to make any representations concerning the Products unless confirmed by ActivMeals in writing. In entering into this agreement, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and ActivMeals.

2. Sales literature, price lists and other documents issued by ActivMeals in relation to the Products are subject to alteration without notice and do not constitute offers to sell the Products which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by ActivMeals and no contract for the sale of the Products shall be binding on ActivMeals unless ActivMeals has issued a quotation which is expressed to be an offer to sell the products and services or has accepted an order placed by the Customer by whichever is the earlier of ActivMeals' written acceptance; delivery of the Products; or ActivMeals' invoice.

3. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by ActivMeals shall be subject to correction without any liability on the part of ActivMeals.

The Products and Services

1. The specification for the Products and Services shall be those set out in ActivMeals ' sales documentation unless varied expressly in the Customer's order (if accepted by ActivMeals).

2. The Products and Services will only be supplied in the minimum units (or multiples) stated in ActivMeals' price list or in multiples of the sales or as specified. Orders received for quantities other than these will be adjusted accordingly.

3. Illustrations, photographs, or descriptions whether in catalogues, brochures, price lists or other documents issued by ActivMeals are intended as a guide only and shall not be binding on ActivMeals.

4. ActivMeals reserves the right to make any changes in the specification of the Products and Services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Products and Services are to be supplied to ActivMeals' specification, which do not materially affect their quality or performance.

5. No order which has been accepted by ActivMeals may be cancelled by the Customer except with the Agreement in writing of ActivMeals on the terms that the Customer shall indemnify ActivMeals in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by ActivMeals as a result of cancellation.

Let's Eat packages

1. The Let's eat packages are packages that paid for upfront in accordance with the Let's eat packages purchases made on the ActivMeals website.

2. A confirmation of the Let's eat packages will be sent to you in the form of an online voucher in your account and confirmed by e-mail after receipt of payment.

3. The meals are redeemable on the website or in store and only apply to meals actually available on the ActivMeals menu. Upon you collecting a meal as part of your Let's eat package, the respective meal will then be deducted from your entitlement until you have used up the prepaid number of meals.

4. Let's eat package vouchers cannot be cashed out and a cash pay-out of remaining Let's eat package vouchers is excluded upon termination of your account.

5. Let's eat package vouchers must be redeemed within one year after the Let's eat package vouchers have been purchased; after that they lose their validity.

6. In the case of promotional Let's eat package vouchers, please note the separate conditions for redemption stated in each case (e.g. special redemption period, etc.).

Price

1. The price of the Products and Services shall be the price listed in accepted order current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by ActivMeals and the Customer.

2. ActivMeals reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Products to reflect any increase in the cost to ActivMeals which is due to any factor beyond the control of ActivMeals, any change in delivery dates, quantities or specifications for the Products which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give ActivMeals adequate information or instructions. Except as otherwise stated under the terms of any accepted order or in any price list of ActivMeals, and unless otherwise agreed in writing between the Customer and ActivMeals, all prices are inclusive of ActivMeals' charges for packaging and transport as specified in the accepted order.

Payment

All payments required to be made pursuant to this Agreement by the Customer shall be made immediately upon placing the order, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.

Delivery and Performance

1. Delivery of the Products shall be made by ActivMeals delivering the Products to the place specified in the accepted order.

2. The Delivery Time is approximate only and time for delivery shall not be of the essence unless previously agreed by ActivMeals in writing.

3. If the Customer fails to take delivery of the Products or any part of them on the Delivery Time and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on that date, the Products shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to ActivMeals all costs and expenses including storage and insurance charges arising from such failure.

4. With effect from the Commencement Date ActivMeals shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the services expressly identified or otherwise agreed under this Agreement.

Non-Delivery of Products and Services

If ActivMeals fails to deliver the Products or Services and any of them on the Delivery Time other than for reasons outside ActivMeals 's reasonable control or the Customer's or its carrier's fault if ActivMeals delivers the Products at any time thereafter ActivMeals shall have no liability in respect of such late delivery.

Chargebacks

You agree to contact ActivMeals prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through ActivMeals, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

Accuracy of Billing and Account Information

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third-Party Links

1. Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

2. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information

1. For the purposes of applicable data protection legislation, ActivMeals will process any personal data you have provided to it in accordance Privacy Policy available on the ActivMeals website or on request from ActivMeals.

2. You agree that, if you have provided ActivMeals with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to ActivMeals and (b) that you have brought to the attention of any such third party the Privacy Notice available on the ActivMeals's website or otherwise provided a copy of it to the third party. You agree to indemnify ActivMeals in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

Errors, Inaccuracies and Omissions

1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Allergen Disclaimer

1. Attention customers with food allergies. Please be aware that our food may contain or come into contact with common allergens, such as dairy, eggs, wheat, soybeans, tree nuts, peanuts, fish, shellfish or wheat. While we take steps to minimize risk and safely handle the foods that contain potential allergens, please be advised that cross contamination may occur, as factors beyond our reasonable control may alter the formulations of the food we serve, or manufacturers may change their formulations without our knowledge.

2. Customers are advised that all nutritional information posted on our website is calculated using a respected nutritional analysis software program. While information is based on recipes specific to ActivMeals, nutrient values and allergens of each food may vary due to selected portion size, the use of condiments and seasoning by our customers, as well as growing conditions, manufacture formulations, or any substitutions. The information provided on our website is approximate and intended to be used as a guide only.

Disclaimer of Warranties; Limitation of Liability

1. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

2. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

3. In no case shall ActivMeals, our agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Nothing in these terms and conditions excludes or restricts ActivMeals’ liability for death or personal injury resulting from any negligence or fraud on the part of ActivMeals.

4. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Indemnification

You agree to indemnify, defend and hold harmless ActivMeals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Availability of the Web Site

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.

2. ActivMeals accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Termination

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

2. These Terms and Conditions are effective unless and until terminated by either you or us.

3. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Changes to Terms of Conditions

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Severability 

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Laws

These terms and the relationship between you and us shall be governed by the laws of the United States and the courts of California shall have exclusive jurisdiction over any dispute.