Terms of Service
Updated December 11, 2017
These terms of service (the "Terms") apply to your access and use of the iOS application, the Android application and the website located at www.eatclub.com (the “Site” and collectively, the "Application") provided by EAT Club ("EAT Club", "we", "our" or "us") and any feature, content, tools and services accessible by means of the Application. The Application and such services are collectively referred to as the "Service." No other terms and conditions will be effective, unless in writing and signed by both you and us. The Terms do not alter in any way the terms or conditions of any other agreement you may have with EAT Club. If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf and bind the entity to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that entity).
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications (“Changes”) will be effective immediately upon the making such Changes available on our Site or via the Service or other form of communication deemed appropriate. Your continued use of the Service (or any portion thereof) following the posting of such Changes confirms your acceptance of Changes. If you do not agree to the Changes, you must stop using the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
If you have any questions regarding the use of the Service, please email us at firstname.lastname@example.org.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to EAT Club, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to EAT Club.
EAT Club is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and Services. You are only authorized to create and use one account for the Service and are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application or Services. You are under no obligation to use or continue to use the Application or Services and may cease use of the Application or Services without notice to EAT Club.
HONORING YOUR PAYMENT COMMITMENTS
When you make a purchase via the Service you are representing to us that: (i) any payment or credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the posted prices or applicable fees made available to you, including any applicable taxes. For invoiced sales, payment terms are net 7 days on either daily or weekly invoices, depending on the type or level of service (default is daily). A credit card may be required to place any orders that are below a certain size. The company reserves the right to charge a late fee up to 3% on any past due invoices as permitted by law. You are also acknowledging that EAT Club retains your payment as compensation for purchasing and transporting the food, regardless of whether you are able to pick up and consume the food within the designated time window, or if you refuse acceptance of confirmed order at the time of delivery.
LUNCH CANCELLATION POLICY
EAT Club offers lunch meals and related services to you and reserves the right to change the products and services at any time and may include additional products or services not previously listed.
EAT Club allows your employees to change their orders, by cancelling and re-ordering, until 10 am on day of delivery, allowing them to make meal selections that best match their needs on the day of service.
We understand there are occasionally last minute changes that impact your order. We allow program administrators to cancel up to 5 employee orders until 10 am on the day of delivery to ensure you can manage those situations. For cancellation of service on specific days, we require that program administrators inform us by 10 am 2 business (48 hours) days before the delivery date through their account managers or support at email@example.com or 800-316-6440 (ext 1). EAT Club will place a blackout date to prevent erroneous orders. EAT Club defines a cancellation as an absence of all, or substantially all, placed orders for the regularly scheduled lunch day, or a request to cancel all existing orders with less than 48 hours notice.
EAT Club reserves the right to charge 50% of the expected orders if cancelled (by individuals or program administrators) after 10am, 2 business days (48 hours) before the delivery date. For same-day cancellations after 10am, we reserve the right to charge the full amount of any orders placed in our system. These charges would be payable in the next invoice or billing cycle.
SNACKS CANCELLATION POLICY
EAT Club offers snacks to you ( “Snacks”) which may encompass one or more of the following products and services: packaged foods, fresh fruit, drinks, refrigerated items, coffee, coffee equipment, refrigerators, and/or water machines. EAT Club reserves the right to change the products and services at any time.
We understand that there are occasionally last minute changes that impact your order. You may cancel your snack order through your program administrator for a given day by 10 am, 2 business days (48 hours) before the delivery of your snack order through their account managers or via email to firstname.lastname@example.org.
EAT Club reserves the right to charge a restocking fee 25% of the expected order if cancelled after 10 am, 2 business days (48 hours) before the delivery date. Fresh fruit will be charged at cost if greater than the 25% restocking fee. These charges will be payable in the next invoice or billing cycle.
SNACKS RETURN POLICY
EAT Club account managers work with your program administrator to create a custom Snack delivery for your company based on your preferences. Other than fresh fruit for which returns are not accepted, if there is a Snack that you did not want to receive, it may be returned at the time of delivery. EAT Club reserves the right to charge a 25% restocking fee for returned items. If you have any questions or concerns about returns, please contact your account manager or email email@example.com.
SERVICE LIMITATIONS AND OTHER FEES
EAT Club’s services may only be available on certain days, or locations, based on your agreement with EAT Club. If availability of these services changes, EAT Club will communicate the changes to you in a timely manner.
EAT Club charges variable fees for delivery, which will be assessed based on the order size, your delivery location, or the EAT Club service being used. Similarly, in certain instances, EAT Club may require a minimum quantity of at least 5 meals or $500 of snacks to be purchased per order (which may be subject to change).
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
You agree that EAT Club may collect and use technical data, personal information and related information in connection with your use of the Service including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service.
EAT Club attempts to be as accurate as possible. However, EAT Club does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that a food item you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to photograph your food item and contact EAT Club immediately, and in any case no later than two business days following the purchase date. EAT Club will make a determination as to the merits of your claim in our sole discretion.
EAT CLUB CREDITSEAT Club credit is not redeemable for cash or cash equivalents, is non-transferable and may not be applied towards prior purchases. EAT Club credit may be returned to the issuing credit card at the request of the customer. Other restrictions may apply.
Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that EAT Club is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The restaurants and other suppliers providing food through the Service are independent companies and not agents or employees of EAT Club. EAT Club is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
The Service includes reviews and other interactive areas or services ("Interactive Areas") in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials ("User Content"). You are solely responsible for your use of such Interactive Areas and the User Content you share.
In order to display your User Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Content. For all User Content, you hereby grant us a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to use, display, perform, and distribute, translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Service. This is a license only – your ownership in User Content is not affected. Finally, you understand and agree that Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Content to conform and adapt it to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Further, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
- Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without EAT Club’s express written consent.
EAT Club takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is EAT Club liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at EAT Club’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
- You agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Use the Service in any manner that is not in accordance with any rules by third-party services providers you use to access the Service;
- Collect any personally identifiable information about other users (except as specifically authorized by EAT Club), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service; Use the Service for any commercial purpose;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by EAT Club;
- Violates any law or regulation, including, without limitation, any applicable export control laws (including but not limited to the transfer, transmission, export, or re-export of any software in violation of any export control laws or regulations by any governmental agency);
- Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
- Modify, adapt, hack or emulate the Service;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties;
- Infringe upon or violate the rights of EAT Club, its users or any third-party; and
- Rent, lease, lend, sell, redistribute or sublicense the Application; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (iii) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application.
EAT Club may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the "Third-Party Content") as a service to those interested in this information. EAT Club does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that EAT Club is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
EAT Club may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. EAT Club is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-EAT Club advertisers or third-party information accessible via the Service.
The EAT Club name and logo are trademarks or registered trademarks of EAT Club, Inc. in the United States. These marks may not be reproduced or used without EAT Club, Inc.’s prior written permission. You may not use any metatags or any other "hidden text" utilizing "EAT Club" or any other name, trademark or product or service name of EAT Club without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EAT Club and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
TERMINATION; MODIFICATION OF APPLICATION OR SERVICE
EAT Club reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will EAT Club be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
If you breach any of the terms or conditions of the Terms or EAT Club discontinues the Application or Service, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination except for any license to use the Application. EAT Club and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities including, but not limited to, your Registration Data, usage history, posted materials, IP addresses and traffic information.
INFORMATION AND PRESS RELEASES
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EAT CLUB DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) OR CONTENT, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EAT CLUB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. EAT CLUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY EAT CLUB OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EAT CLUB BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF EAT CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL EAT CLUB’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
EAT Club respects the intellectual property rights of others and we ask our users to do the same. EAT Club complies with all applicable provisions of the Digital Millennium Copyright Act. If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
- Your name, address, telephone and e-mail contact information;
- Identify the copyrighted work and/or trademark claimed to have been infringed;.
- Identify the content on EAT Club’s site that you claim infringes your intellectual property;
- A description of where the claimed infringing Content is located on our Site (please provide URLs);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the intellectual property involved.
E-Mail Address of Designated Agent: firstname.lastname@example.org (send information here). EAT Club address: 1400A Seaport Blvd, Suite #400, Redwood City, CA
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, EAT Club has adopted a policy of terminating, in appropriate circumstances and at EAT Club’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. EAT Club may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LAW AND VENUE
The Terms and your use of the Service are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. For all purposes of these Terms, you consent to the exclusive jurisdiction and venue in the state and federal courts located in San Mateo County, California or the Northern District of California.