Terms and Conditions of Service
Last updated: March 14, 2017
These Terms and Conditions of Service (the “Terms and Conditions”)
are an agreement between you and Relish Labs, LLC. Along with our
representatives, officers, shareholders, subsidiaries, affiliates,
parents, employees, and agents (collectively “Home Chef” or “we” or
“us” or “our”), we provide the website at www.homechef.com. These
Terms and Conditions govern your use of the www.homechef.com website
and the mobile applications or other online services where these Terms
and Conditions are posted (collectively, the “Website”). Unless
explicitly stated otherwise, any new tools or applications that alter
or improve the current Website will be included in the definition of
“Website.” Your use of the Website is subject to these Terms and
Conditions, which you acknowledge, agree to and consent to by using
which is available at www.homechef.com/privacy-policy/ and which is
hereby incorporated by reference, as well as the Terms and Conditions
for Purchases/Subscriptions and the Food Safety Considerations.
All meal ingredients and other products made available through the
Website will be referred to, collectively, as the “Products.”
Please read these Terms and Conditions carefully before ordering any
products from us or subscribing to one of our services. You should
print a copy of these Terms and Conditions for future reference.
When using the Website, you will be subject to all displayed rules
and policies. Such rules and policies are hereby incorporated by
reference into these Terms and Conditions. We may also offer other
websites that are governed by different terms and conditions.
These Terms and Conditions may be amended by us from time to time at
our sole discretion. Please periodically review the controlling
version of the Terms and Conditions. By continuing to use the Website
subsequent to us making available an amended version of the Terms and
Conditions, you thereby acknowledge, agree to, and consent to such
amendment. You cannot create an account, buy our Products or subscribe
to our services without agreeing to these Terms and Conditions.
Our Website is intended for use only by people residing in the
United States of America. We do not accept orders from individuals
outside the United States.
By placing an order through our Website, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are a resident of the United States; and
- You are accessing our Website from the United States.
Without in any way limiting the foregoing, you may not download
or export any software or technical data from this Website, or
purchase any Products or services from this Website, if you are
in or a national or resident of: Cuba, Iraq, Libya, North Korea,
Iran, Sudan, Syria, or any other country to which the United
States has embargoed goods; or anyone on the United States Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
Waiver of Jury Trial
As discussed further below, both you and Home Chef agree, with
the limited exceptions noted below, to resolve all disputes between
you and Home Chef through BINDING ARBITRATION as further provided below.
ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE
RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Consent to Electronic Record Keeping
YOU CONSENT TO ENTERING THESE TERMS AND CONDITIONS ELECTRONICALLY,
AND TO STORAGE OF RECORDS RELATED TO THESE TERMS AND CONDITIONS
IN ELECTRONIC FORM.
Accessing the Website
You may access portions of the Website without registering.
However, in order to access some portions and features of the
Website, and to make purchases, you will be required to register
an account with and sign into the Website. You are responsible
for maintaining the confidentiality of your username, password
and other information used to register and sign in to the Website,
and you are fully responsible for all activities that occur under
this password and username. Please immediately notify us of any
unauthorized use of your account or any other breach of security
by contacting us at email@example.com. If you use our Website
over mobile devices, you hereby acknowledge that your carrier’s
normal rates and fees, such as excess broadband fees, will still apply.
We make reasonable efforts to display, as accurately as possible,
the colors of our Products. However, the actual colors you see
depend on your monitor or device, and thus we cannot guarantee
that the colors of Products you see when viewing the Website will
Product Shipping, Subscription, Guarantee and Return Policies
Please refer to our Terms and Conditions for Purchases/Subscriptions
at the bottom of this page for more information on our shipping rates,
refund policies, and other policies and procedures, all of which are
incorporated herein by reference. The Terms and Conditions for
Purchases/Subscriptions include separate provisions regarding
warranty disclaimers and liability limitations.
Our Intellectual Property
Home Chef and our associated logos and names are our trademarks
and/or service marks. Other trademarks, service marks, names, and
logos used on or through the Website, such as trademarks, service
marks, names, or logos associated with third party organizations,
are the trademarks, service marks, or logos of their respective
owners. You are granted no right or license with respect to any
of the foregoing trademarks, service marks, or logos.
Certain materials available on or through the Website are our
Works (i.e., Content we own, authored, created, purchased, or
licensed). Our Works may be protected by copyright, trademark,
patent, trade secret, and/or other laws, and we reserve and retain
all rights in our Works and the Website. We hereby grant you a
royalty-free, limited, revocable, non-sublicensable, and non-exclusive
license to access our Works solely for your personal use in connection
with using the Website. You may print off one copy of and may
download extracts of any pages from our Website for your personal
reference. You must not use any part of our copyright materials
for commercial purposes without first obtaining a license to do
so from us and our licensors. You may not otherwise reproduce,
distribute, communicate to the public, make available, adapt,
publicly perform, link to, or publicly display the Works or any
adaptations thereof unless expressly set forth herein.
Content Posted by Users
You and other users of the Website may be able to upload, post,
create, make available, send, share, communicate, or transmit
("Post") data, information, images, comments, ideas, or other
types of content (collectively "Content") to or through the Website
and other websites linked to on the Website. You understand that
all Content Posted by users of the Website ("User Content") is
the sole responsibility of the person from whom such content originated.
We do not control User Content and we do not make any guarantee
whatsoever related to User Content. Although we sometimes review
User Content, we are not obligated to do so. Under no circumstances
will we be liable or responsible in any way for any claim related
to User Content.
You retain ownership of the intellectual property contained in your
User Content. However, you grant us a royalty-free, irrevocable,
transferrable, sublicensable, and non-exclusive perpetual license
throughout the universe for use in any and all media whether now
known or hereafter devised to use and exploit (including without
limitation by reproduction, distribution, public display, adaptation,
communication to the public, and/or public performance, and including
for commercial or advertising purposes) any and all User Content
that you Post to or through the Website without any right of review
or approval by you. You also waive to the full extent permitted
by law any and all claims against us related to moral rights in
the User Content. In no circumstances will we be liable to you
for any exploitation of any User Content that you Post. You affirm,
represent, and warrant that you own or have the necessary licenses,
rights, consents, and permissions to publish and exploit User Content
that you Post.
We have no obligation of confidentiality, express or implied, with
respect to User Content that you Post to or through the Website
or that you otherwise submit to us, and we will be entitled to
use, exploit, or disclose (or choose not to use, exploit, or disclose)
such User Content at our sole and absolute discretion without any
obligation to you whatsoever (i.e., you will not be entitled to
any compensation or reimbursement of any kind from us under any
If you are a minor, you should not be Posting any User Content.
However, if you do so and you want us to remove the User Content
from the Website, please contact us at firstname.lastname@example.org. You
will need to provide us with specific information describing the
location of the User Content that you want us to remove. We will
take reasonable efforts to remove the User Content upon receiving
a sufficient request but we cannot ensure complete or comprehensive
removal of the User Content.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use the Website to:
- Violate any law (including without limitation laws related to
torts, contracts, export controls, patents, trademarks, trade
secrets, copyrights, defamation, obscenity, rights of publicity,
or other rights) or encourage or provide instructions to another
to do so;
- Act in a manner that negatively affects other users’ ability to
use the Website, including without limitation by engaging in
conduct that is harmful, hateful, threatening, abusive, inflammatory,
intimidating, violent or encouraging of violence, harassing,
stalking, invasive of another’s privacy, or racially, ethnically,
or otherwise objectionable;
- Post or otherwise submit to us any User Content that we determine
in our sole discretion is: (i) unlawful, harmful, harassing,
fraudulent, threatening, intimidating, violent, encouraging of
violence, abusive, libelous, defamatory, vulgar, obscene, hateful,
or racially, ethnically or otherwise discriminatory; (ii) is
derogatory or harmful to Home Chef’s reputation; (iii) is harmful
to children in any manner; and/or (iv) seeks to or discriminates
against any individual based on race, gender, national origin,
sexual preference, physical or mental handicap or on any other basis.
- Post or otherwise submit to us any User Content containing
unsolicited or unauthorized advertising, promotional materials,
spam, junk mail, chain letters, pyramid schemes, or any other
form of unauthorized solicitation;
- Post or otherwise submit to us any User Content containing
sweepstakes, contests, or lotteries, or otherwise related to gambling;
- Post or otherwise submit to us any User Content containing
copyrighted materials, or materials protected by other intellectual
property laws, that you do not own;
- Post or otherwise submit to us any User Content for which you
have not obtained all necessary written permissions and releases;
- Misrepresent any fact (including without limitation your identity);
- Post or otherwise submit to us any software viruses or any other
computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment, including by engaging in any
denial of service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or
information through any means not intentionally made available
or provided for through the Website;
- Exploit errors in design, features which are not documented
and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to
access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or
disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of
the Website or any activities conducted on the Website, or bypass
any measures we may use to prevent or restrict access to the Website.
Notice of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following
information to our Copyright Agent, designated as such pursuant
to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2),
- A description of the copyrighted work that you claim has been infringed;
- Your address, telephone number, and email address;
- A description of where the alleged infringing material is located
(if you provide us with a URL, that helps us located the content quickly);
- A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or are authorized to act on the copyright owner's behalf.
For Customer Service assistance please call 872-225-2433 or go
FOR COPYRIGHT NOTICES ONLY
voice: (312) 586-7221 ext. 115
The Copyright Agent will not address non-copyright inquiries. Do
not knowingly, materially misrepresent that material is infringing.
Doing so may subject you to liability under Section 512(f) of the
If you believe that your rights, or the rights of a third party,
are being violated in any way by any Content accessible on or
through the Website, please contact us at email@example.com.
Where appropriate, we will work to prevent unlawful activity from
taking place on or through the Website.
The Website contains links to websites of third parties and
advertisements of third-party products and services. If you use
these links, you will leave the Home Chef Website. These third
parties and their websites are not under our control. We do not
examine or evaluate these websites and we are not responsible for
their content or operation. By providing links to these websites,
we do not approve, warrant or endorse, or otherwise make any
representation about them or their owners or operators, and do not
assume any related responsibility or liability. You should exercise
your own judgment in evaluating and using these websites. When
you link to these websites, you become subject to their terms and
conditions of use and privacy policies. We do not endorse these
apply to them.
You expressly release us from any and all liability arising from
your use of any third party website, service or content. Your
dealings with or participation in promotions of advertisers found
on those third party websites, including payment or delivery of
goods, and any other terms, including, but not limited to warranties,
are solely between you and those advertisers. You specifically
agree that we are not responsible for any loss or damage of any
sort resulting or arising from your dealings with those third party
websites and/or their advertisers.
If you have a dispute with one or more users of the Website, or
with any party who provides advertising or third-party services
on or through the Website, or with any party who provides a website
linked to on the Website, you release us from any and all claims,
demands, and damages (incidental, indirect, punitive, statutory,
exemplary, expectation, special, or consequential) of every kind
and nature, known and unknown, arising out of or in any way
connected with such dispute. You also waive California Civil
Code § 1542 which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You also waive any and all benefits and rights that would otherwise
accrue to you by reason of the provisions of any federal or state
statute or principle of common law of any state of the United
States, or any political entity or nation, province or local law
or regulation that may govern this release, which statute,
regulation, law or principle provides in substance something
similar to California Civil Code § 1542. You agree not to file
any action or lawsuit inconsistent with the foregoing release.
You will indemnify and hold us harmless from any and all third party
claims, losses, damages, liabilities, costs, and expenses (including
reasonable attorneys' fees and expenses), relating to or arising
under or out of the relationship between you and us described in
these Terms and Conditions, including any breach of the
representations and warranties contained herein. You hereby agree
that we have the sole right and obligation to control the legal
defense against any such claims, demands, or litigation, including
the right to select counsel of our choice and to compromise or
settle any such claims, demands, or litigation.
Notice For California Users
Under California Civil Code Section § 1789.3, users of the Website
from California are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 400 R Street, Suite 1080, Sacramento,
California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice For New Jersey Users
The following sections will not apply to users of the Website from
New Jersey: Disclaimers, Limitation of Liability, Jurisdictional Restrictions.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS
IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT
PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE
AND CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY
OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR
EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS
SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE
TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT
OF THE FOLLOWING:
- DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME
FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
- MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE
(OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR
NO REASON WHATSOEVER;
- IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR
NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
- THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION
POSTED TO OR THROUGH THE WEBSITE; OR
- ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF
INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF
PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY
LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR
ARISING UNDER OR OUT OF THE TERMS AND CONDITIONS, EVEN IF WE HAVE
BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE
ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE
NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE
FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS
OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION
APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver
ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF
YOUR USE OF THE WEBSITE, INCLUDING ANY SALES OR SUBSCRIPTIONS
MADE THROUGH THIS WEBSITE, MUST BE FILED WITHIN ONE YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Both you and Home Chef agree, with the limited exceptions noted
below, to resolve all disputes between you and Home Chef through
BINDING ARBITRATION as further provided below. ARBITRATION MEANS
THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL
OR TO PARTICIPATE IN A CLASS ACTION.
Any dispute submitted to arbitration under these Terms and
Conditions will be governed by the laws of your home state of
residence without respect to its choice (or conflict) of laws rules.
Jurisdiction and venue for any dispute will be in Chicago, Illinois.
Each party submits to personal jurisdiction and venue in that forum
for any and all purposes. If this paragraph would render any other
paragraph or provision of these Terms and Conditions unenforceable,
then jurisdiction and venue will instead be in your home county
The arbitration will take place in Chicago, Illinois, in accordance
with the Consumer Arbitration Rules of the American Arbitration
Association. Those rules are available at: http://www.adr.org.
This arbitration agreement is subject to the Federal Arbitration
Act and is enforceable pursuant to its terms on a self-executing
basis. Either party may seek enforcement of this provision in
any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the
arbitrability of a claim. The arbitral award will be judicially
enforceable. Any court of competent jurisdiction may, and upon
request shall, enter judgment on the arbitral award. Either party
may seek confirmation (judgment on the award) and/or enforcement
in any court of competent jurisdiction.
Both you and Home Chef waive the right to bring any claim covered
by this dispute resolution provision as a class, consolidated,
representative, collective, or private attorney general action,
or to participate in a class, consolidated, representative,
collective, or private attorney general action regarding any claim
covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Consumer Arbitration Rules
to the contrary, the arbitrator shall not have the authority or
any jurisdiction to hear the arbitration as a class, consolidated,
representative, or private attorney general action or to consolidate,
join, or otherwise combine the claims of different persons into
one proceeding. If a proposed class, consolidated, representative,
collective, or private attorney general action arbitration is
initiated notwithstanding the above prohibition and it is finally
determined by the arbitrator (or a court of competent jurisdiction)
that the waiver specified herein is not enforceable, then the
entirety of this Dispute Resolution procedure will be null and void.
Notwithstanding the foregoing binding arbitration procedure, either
party may bring an individual action in small claims court (provided
the claim otherwise qualifies for such program) as an alternative
to proceeding with arbitration.
You may elect to opt out (exclude yourself) from the final, binding
arbitration procedure and the class action waiver specified in
these Terms and Conditions by doing the following. Within 15 days
of creating your Home Chef account, you must send a letter to Home
Chef, Attn: Legal Department, 433 W. Van Buren St., Suite 750N Chicago,
IL 60607 that specifies (1) your name, (2) your account member
name, (3) your mailing address, and (4) your request to be excluded
from the final, binding arbitration procedure and class action
waiver specified in these Terms and Conditions. All other Terms
and Conditions shall continue to apply to you and your account,
including the requirement to participate in pre-dispute mediation.
You are not required to send the letter by confirmed mail or return
receipt requested, but it is recommended that you do so. Your
request to be excluded will only be effective and enforceable only
if you can prove that the request was postmarked within the applicable
Termination of Service
You agree that Home Chef may, without prior notice, immediately
terminate, limit your access to, or suspend your account based
on any of the following: (a) breach or violation of these Terms
and Conditions; (b) upon request by law enforcement; (c)
unforeseeable technical or security issues or problems; (d)
extended periods of inactivity; or (e) fraudulent, deceptive, or
illegal activity, or other activity which Home Chef believes is
harmful to this Website or its business interests. You agree that
termination, limitation of access and/or suspension will be made
in Home Chef’s sole discretion and that Home Chef shall not be
liable to you or any third party for the termination, limitation
of access, and/or suspension of your account.
Upon termination you will no longer have a right to access your
account or your User Content. We will not have any obligation
to assist you in migrating your data or your User Content and we
may not keep any back up of any of your User Content. We will not
be responsible for deleting your User Content.
These Terms and Conditions constitute the entire agreement between
you and Home Chef, and govern your use of the Website and purchases
and subscriptions made thereon.
These Terms and Conditions supersede any prior agreements between
you and us with respect to the Website and purchases made thereon.
We each acknowledge that, in entering into these Terms and
Conditions, neither of us relies on any representation or warranty
(whether made innocently or negligently) that is not set out in
these terms and conditions or the documents referred to in them.
These Terms and Conditions and the rights, benefits and obligations
contained herein are fully assignable by us and will be binding
upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, will be
deemed the drafter of these Terms and Conditions for purposes of
interpreting any provision hereof in any judicial or other
proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms and Conditions,
there will be no third-party beneficiaries to these Terms and
Conditions. For the purpose of clarity, Home Chef representatives,
officers, shareholders, subsidiaries, affiliates, employees, and
agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these
Terms and Conditions.
Any failure by us to exercise or enforce any right or provision
of these Terms and Conditions will not constitute a waiver of
such right or provision. Any waiver of any right or provision of
these Terms and Conditions must be in writing.
If any provision of these Terms and Conditions is found by a court
of competent jurisdiction to be invalid, the court should
nevertheless endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these
Terms and Conditions remain in full force and effect.
The headings in these Terms and Conditions are for convenience
only and have no legal or contractual effect.
Unless otherwise expressly stated herein, the laws of the United
States of America and the laws of the State of Illinois, without
regard to the principles of conflicts of laws, will govern these
Terms and Conditions, your use of the Website, and all matters
relating to your access to, and/or use of, the Website, including
all disputes between you and us. You also agree that the Website
will be deemed solely based in Illinois.
“Include,” “Includes,” “Including,” “include,” “includes,” and
“including” herein mean including without limitation.
All notices given by you to us must be given to Relish Labs LLC
DBA Home Chef at firstname.lastname@example.org. We may give notice to you
at either the e-mail or postal address you provide to us when
placing an order, or in any of the ways specified herein. Notice
will be deemed received and properly served immediately when
posted on our Website, 24 hours after an e-mail is sent, or on
the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to
the specified e-mail address of the addressee.
Terms and Conditions for Purchases/Subscriptions
YOU ACKNOWLEDGE AND AGREE THAT, WHEN YOU SIGN UP FOR A
SUBSCRIPTION PLAN, YOU WILL BE CHARGED INITIALLY AND THEREAFTER
ON A PERIODIC RECURRING BASIS (E.G., WEEKLY) AT THE THEN-CURRENT
NON-PROMOTIONAL SUBSCRIPTION RATE FOR THE PRODUCTS TO BE OR ALREADY
RECEIVED BY YOU. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE TO
ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
You may modify your subscription (e.g., the number of meals per
week or the number of servings), pause your subscription, skip a
week, change your payment method or cancel your account at any
time online (while logged into your account) or by sending a
request by email to email@example.com. Such requests will not
affect charges submitted before Home Chef could reasonably act on
such requests. If you pause your subscription, you may use your
subscription until the end of your then-current subscription term;
your subscription will not be renewed after your then-current term
expires. However, you will not be eligible for a prorated refund
of any portion of the subscription fee paid for the then-current
subscription period. Your order is considered final by 12:00 p.m.
Central Standard Time on the Friday before the following week’s
delivery (the “Deadline”), and therefore you must pause, skip or
cancel prior to the Deadline in order to not be charged for such
order. You can resume or re-subscribe at any time after you pause
your subscription or cancel your account, respectively, but we
reserve the right not to permit re-subscription where we have
previously elected to terminate your subscription.
We reserve the right in our absolute discretion not to renew your
subscription at any time without giving any reasons for our decision.
After placing your first order through our standard order form on
this Website, you will see in your online account profile how much
you were charged for such order. You will be charged for subsequent
orders at the Deadline for each such order, at which time each such
order will be considered final. If you elect to skip a week or weeks,
that does not permanently pause or cancel your subscription. If
you do not return to the Website to skip additional weeks or take
additional action, you will receive and be billed for the first
week you have not skipped at 12:00 p.m. Central Standard Time on
Friday before the following week’s delivery. Your order will cover
only the Products whose dispatch we have confirmed in your account.
We will not be obligated to supply any other Products that may have
been part of your order unless the dispatch of such Products has
been confirmed in a separate confirmation.
Vouchers and Gift Cards
We may offer gift cards, discount promotions, referral credits
and other types of vouchers (“Voucher”) which must be activated
by online application in order for the holder to commence delivery
of Products through a service. If paid for, the Voucher is deemed
to have been sold at the time of payment for it. All of these
Terms and Conditions will become applicable as between us and the
holder of the Voucher (“Holder”) when the Holder redeems the Voucher
by applying for a service to commence.
A Voucher may be used only once by its Holder and may not be copied,
reproduced, distributed, transferred, sold, or published either
directly or indirectly in any form or stored in a data retrieval
system without our prior written approval.
There is no cash value to any discount or referral credit received
through a promotional offer. We reserve the right to withdraw or
cancel any Voucher (other than a paid-up gift card) for any reason
at any time.
Vouchers may be redeemed only through our Website and not through
any other website or method of communication. To use your Voucher
you will be required to enter its unique code at the online
checkout and use of such code will be deemed to confirm your
agreement to these Terms and Conditions and any special conditions
attached to the Voucher.
Vouchers are subject to the terms and conditions thereon. Unless
otherwise explicitly stated, all promotional discounts may not be
combined with any other offers, are valid for new customers only,
and are limited to one per household address.
You agree to share your Home Chef referral link with your own personal
connections only via email, your own social media accounts, and
personal blogs where you are the primary content owner. Public
distribution on sites where you are not the primary content owner,
e.g. Home Chef’s social media pages and coupon websites, is not
allowed. We reserve the right to suspend your account and/or
revoke any and all referral credits at any time if we believe
that your credits were inappropriately earned.
Risk and Title
Once the Products are delivered to you, ownership and the risk of
loss passes to you. Following delivery, you, and not Home Chef,
are solely responsible for the proper and safe washing, preparation,
storage and cooking of the Products. By ordering any of our Products,
you agree to use our Products at your own risk.
Price and Payment
The prices for our Products and delivery, if any, will be as quoted
on this Website from time to time, except in cases of obvious
error, and include applicable taxes. Our prices may change from
time to time, but changes will apply only to orders that are
confirmed after the changes are stated on our Website.
Payments must be made by credit or debit card. We accept American
Express, Visa and MasterCard. We reserve the right to change the
available payment methods at any time. When you sign up for a new
subscription, we will immediately charge your credit or debit card.
Thereafter, we will not charge your credit or debit card for a weekly
delivery until after the cancellation deadline for that particular delivery.
Although we make reasonable efforts to provide accurate pricing
information and Product descriptions, pricing mistakes, typographical
errors or mistakes regarding Product availability may occur. We
reserve the right to correct such mistakes and errors. We cannot
guarantee that information displayed on the Website is 100%
accurate. If a Product is listed at an incorrect price or a
Product description is inaccurate, we have the right, in our sole
discretion, to reject any order or to cancel any orders placed for
that Product. In those circumstances, if your credit card has
already been charged, we will issue a credit to your credit card
within a commercially reasonable amount of time.
We reserve the right to limit, in our sole discretion, the
quantities of any product that may be purchased on a per person
or per order basis.
Our Refund Policy
After you accept delivery of a Product from us, if you are not
100% satisfied with the Product (because it is defective or
otherwise), you may request a Home Chef credit redeemable through
your account for the future purchase of a Product of equal value
thereto (a “Credit”) or a refund therefor within seven days of
delivery by sending an email to firstname.lastname@example.org. If part of
a Product is defective, we reserve the right to decide in our
discretion whether we will provide you with (A) a Credit or a
refund in an amount equal to the value of the defective portion(s)
or (B) a Credit or a full refund in an amount equal to the full
value of the Product. The full refund option does not apply to
orders larger than $100 and we reserve the right to reject requests
deemed to be fraudulent.
If you refuse delivery of a Product from us because you skipped,
paused or canceled the order prior to the Deadline for that order,
and you are able to provide documentary evidence of such skip,
pause or cancelation (for instance, a time-stamped email), we will
process a Credit or a full refund (including any applicable delivery
charges) as soon as practicable and, in any case, within 30 days
of your cancelation request.
If you refuse delivery of a Product from us for any other reason,
we will notify you within a reasonable period of time whether you
are entitled to a Credit or a refund (and, if so, the amount) by
phone or e-mail. If we determine that you are entitled to a Credit
or a refund, we will process such Credit or refund within 30 days
of communicating our decision to you.
We usually provide refunds using the same method that you used to
pay for your purchase.
Limited Product Warranty; Product Disclaimers And Liability Limitation
We warrant to you that any Product purchased from us through this
Website will, on delivery, conform with its description, be of
satisfactory quality, and be reasonably fit for all the purposes
for which products of that kind are commonly supplied. If you
feel that we have not met the warranty in the previous sentence,
you may request a refund pursuant to our refund policy, as outlined above.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY
DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING FROM THE PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM
AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE
WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL
CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF
ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR
Certain state laws may not allow limitations on implied warranties
or the exclusion or limitation of certain damages. If these laws
apply to you, some or all of the above disclaimers, exclusions or
limitations may not apply to you and you may have additional rights.
Nothing herein excludes or limits our liability for any matter for
which it would be illegal for us to exclude or attempt to exclude
our liability. The warranty disclaimers and liability limitations
of this section do not apply to New Jersey subscribers.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or
for any delay in performance of any of our obligations under an
order that is caused by events outside our reasonable control
(“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications
- The acts, decrees, legislation, regulations or restrictions of
Our performance under any order is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have
an extension of time for performance for the duration of that
period. We will use our reasonable efforts to bring the Force
Majeure Event to a close or to find a solution by which our
obligations under the order may be performed despite the Force
Availability and Delivery
Your order will be fulfilled by the delivery date provided in the
confirmation or, if no delivery date is stated, then within 30 days
of the date of the confirmation, absent the occurrence of a Force
Majeure Event. If there is a Force Majeure Event, we are not liable
for the cost of any compromised or failed deliveries; however, we
reserve the right to refund you for all or part of any such
compromised or failed deliveries as we see fit.
Food Safety Considerations
You are responsible for the safe handling of all Products made
available through Home Chef's websites, mobile applications or blogs
and other media (“Home Chef media”) upon delivery. We recommend
immediately inspecting all Products you receive from us for any
damage or other issues, and to determine freshness upon delivery.
Home Chef packs all shipping containers with insulated liners and
gel packs in an effort to ensure Products are kept in a refrigerated,
cold environment during transit, but cannot guarantee that handling
during delivery may not shift Product or damage the shipping container
or its contents. Therefore, upon receiving your Home Chef box, you
should always promptly inspect your delivery to confirm that the meal
ingredients arrive in a cool, refrigerated condition, and the shipping
container and its contents are not otherwise visibly damaged. We
recommend that you use a food thermometer to ensure that the Product
temperatures within the container for any meat, poultry, seafood,
dairy, and cut produce Product are 40° F or below. In the unlikely
event the meat, poultry, seafood, dairy and/or cut produce Product
temperatures are found to be above 40° F, or you have any other reason
to believe that any other Product in your delivery is not suitable
for consumption, immediately contact us at email@example.com and
then discard the item.
To maintain the quality and safety of the Products, we recommend that
you immediately, upon delivery, refrigerate all perishable Products
upon delivery and follow all U.S. Department of Agriculture’s (“USDA”)
guidelines on food safety for
refrigerated/frozen storage and
safe food handling. We recommend that you follow
all cooking instructions as outlined in the recipe cards and verify
that the cooking temperatures of all meat, poultry and seafood and other
applicable items meet USDA’s minimum internal cooking guidelines by using a food
thermometer. We also recommend that you wash all fresh produce under
running water prior to using. Failure to follow safe food handling
practices and temperature recommendations may increase the risk of
foodborne illness. In addition, pregnant women, young children, the
elderly and individuals with compromised immune systems should follow
the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
All Home Chef production facilities actively store, portion, and
distribute ingredients that contain all eight (8) major food allergens
as determined by the U.S. Food and Drug Administration (“FDA”) (milk,
wheat, egg, soy, fish, shellfish, peanuts and tree nuts). While Home
Chef takes precautions to reduce the risk of cross-contamination
between ingredients and food products, cross-contamination may
unintentionally occur during production and transit which may cause
meals or other Products offered in connection with the Home Chef
service to contain some or all of those allergens. Eggs, fish,
shellfish, and soy are allergens that are commonly found in many
ingredients, especially some of the sauces that may be used in the
Home Chef recipes (fish sauce, Worcestershire sauce, etc.). If you
suspect that you have an allergic reaction or other adverse health
event, immediately contact your health care provider. In addition,
due to the variable nature of ingredient availability, nutritional
information provided by Home Chef may differ from the nutritional