Terms of Use
Effective Date: 08/01/2024
Welcome to Mealogic! These Terms of Use (the “Terms”) are a legal agreement that contain important information about your relationship with us in connection with your use of this and other Mealogic web sites. Please read them carefully.
Application of the Terms
In these Terms, "Mealogic," "we," "us," or "our" refers to Mealogic Inc., a Delaware corporation, along with its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives, third-party information providers, merchants, and licensors. Mealogic operates the website mealogic.io and supports the processing and delivery of product orders when you visit a site or use an app that utilizes the Mealogic platform. The word “Sites” in these Terms refers to any websites and mobile applications owned or operated by Mealogic, including any related features, functionality, tools, and content. Our provision of the Sites and the processing and delivery of product orders are collectively referred to in these Terms as the “Mealogic Services.”
This is an agreement between you and Mealogic (the “Agreement”). By using the Mealogic Services, you agree to the terms and conditions set forth below, the Privacy Policy, and all other policies, terms, rules, and notices on our Sites. If you do not agree with all of these terms, do not use our Sites or the Mealogic Services.
Food Safety and Allergens
Mealogic uses refrigerated transport and storage solutions to maintain the quality and integrity of products ordered through the Mealogic Services (the “Products”). Once the Products have been delivered, you are solely responsible for the storage, refrigeration/freezing, cooking, use, and consumption of the Products. You are also solely responsible for inspecting all Products for any damage or other issues upon delivery. If you believe that any of the Products are not suitable for consumption, do not consume the items, and contact us at hello@mealogic.io.
We take efforts to label the ingredients in the products offered by the Mealogic Services for general nutritional purposes, including listing common allergens. We also offer ingredient-based meal substitution services to accommodate customers' food preferences. However, the Products are not prepared in allergen-free environments. We do not guarantee that the Products are free from allergens. The Mealogic Services are not recommended for customers with food allergies.
Amendment
We look at these Terms regularly to make sure they are an accurate representation of the Mealogic Services. We may amend this Agreement at any time. We’ll let you know about any changes by posting the amended terms on our Sites with an updated Effective Date and/or by notifying you by email or another means. By continuing to use the Sites or Mealogic Services after we have posted an updated version of the Terms or otherwise let you know of an update, you are agreeing to be bound by the amended Terms.
Using the Mealogic Services
Account Registration
You must register for an account to use the Mealogic Services. By registering for an account, you represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations. It is your responsibility to provide accurate, current, and complete information during the registration process, and to update the information as needed to keep it current.
Usernames and Passwords
When you register, you will create a username and password that you can use to access the Mealogic Services. You are solely responsible for the confidentiality of your password, and for any authorized or unauthorized access to your account by any person. You are also solely responsible for any use of the Mealogic Services with your password, including any charges made. Please let us know as soon as possible if there is any unauthorized use of your password.
Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Mealogic Services. You agree and accept responsibility for keeping all your account information current, including your address, payment information, telephone number, email address, and alternate receiver for your order. You are solely responsible for any information you provide to Mealogic. You agree that you will not provide fraudulent information and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on our Sites and with this Agreement.
Corrections
You can update or correct any information by going to Your Account on the Mealogic Site, or by emailing us at hellow@mealogic.io with any changes you’d like to make. Please do not send credit card or other payment information via email.
Site Availability
From time to time the Mealogic Services or our Sites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Mealogic may undertake from time to time; or (c) causes beyond the control of Mealogic or which are not reasonably foreseeable by Mealogic.
Orders, Subscriptions, and Cancellation
Payment
You are responsible for providing Mealogic with a valid credit or debit card. We are unable to accept checking account transactions, paper checks, food stamps, or third-party coupons. Generally, your credit/debit card will be charged for your order the week before your order is delivered. We must receive a payment from you before the order deadline for a given delivery. Delivery dates and times and any associated delivery charges will be shown as you proceed through the ordering process.
Your payment information, including your name, contact information, and payment information will be used and shared with Braintree Payments (“Braintree”), our payment processing services provider (see “Security Policy” section below).
Invalid Payment Methods
Mealogic will not process orders that attempt to use incorrect, expired, or over-limit cards. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Mealogic reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Mealogic may charge such amount directly to the credit card identified in your Customer Account Information and Mealogic may suspend or terminate your access to the Mealogic Services. You are responsible for any fees, including attorneys' fees and collection costs, that Mealogic may incur in its efforts to collect any unpaid balances from you. Your right to use the Mealogic Services is subject to limits established by Mealogic and/or by your credit card issuer.
Weekly Subscription Service
If you sign up for our Weekly Subscription service, you are agreeing to sign up for a continuous subscription service that will continue until you cancel through a cancellation method described below. You may pause, change or cancel your recurring order anytime. Changes or cancellations will be effective for the next billing cycle; you will be notified of the effective date when making changes.
Pausing, Changing, or Canceling your Subscription
You can pause, change, or cancel your Weekly Subscription service through the Your Account section on the Mealogic Site, or by emailing hello@mealogic.io.
Delivery Policy
Locations
We deliver directly to you, as described on our Sites. You will be required to choose the address where orders are delivered. To maintain the freshness and quality of foods delivered to you, we place geographic limitations on where orders may be delivered. If your desired address for an order is outside our geographic limits, you won’t be able to submit an order for delivery to that address.
Delivery Changes
In the case of inclement weather or unforeseen delivery complications, we may need to adjust our delivery schedule. If there will be a significant delay, a customer service representative may contact you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit.
Refund Policy
Satisfaction Guarantee
If you're not satisfied with our service for any reason, we will gladly provide a refund. Simply contact us by email at hello@mealogic.io. Where possible, we will refund your money using the same method you originally used to pay for your purchase.
Other Refund Requests
Cancellation of an order after the order deadline (for any reason other than dissatisfaction with the Product) is not eligible for a refund.
Security Policy
The safety of your data is very important to us. For payment information, we use a payment processor called Braintree Payments, a validated Level 1 PCI DSS Compliant Service Provider on Visa's Global Compliant Provider List and MasterCard's SDP List. More about Braintree's security policies and infrastructure is available at https://www.braintreepayments.com/developers/security. Your payment information is not accessible to our employees, contractors, agents or officers.
The transmission of data over the Internet and mobile networks can never be completely secure, which means that they may be vulnerable to interception by third parties. Specifically, emails, text messages, and other messages you send to or receive from Mealogic may not be encrypted. If you choose to send or receive financial information or any other sensitive information by email, text message, through our social media channels, or through other unsecured methods, you do so at your own risk.
Text Messages
When you provide your phone number when registering for an account or otherwise using the Mealogic Services, you consent to receiving transactional, operational, or informational text messages relating to your account and the Products on behalf of Mealogic and our third-party delivery partners.
If you want to stop receiving these messages, you can change the settings in Your Account to receive these updates via email. You can also text "STOP" to the short code, or email us at hello@mealogic.io.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your data plan, please contact your wireless provider.
Promotions and Discounts
Mealogic may offer discount promotions, free/discounted trials, or other types of discounts. A discount may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly without our prior written approval. Additionally, discounts are only for first-time users of Mealogic, unless the discount explicitly states otherwise. Discounts may not be combined with any other offers. Discounts do not apply to prior purchases, gift cards, or applicable taxes. Mealogic reserves the right to withdraw or deactivate any discount for any reason, at any time.
Third-party Products
The Mealogic Service allows you to order and receive products, information, and services from businesses that are not owned or operated by Mealogic (a “Third Party”). If and when this happens, Mealogic acts only as the link between you and the Third Party. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from the Third Party are covered by the customer agreement and policies of the Third Party and are solely between you and the Third Party. Mealogic makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from a Third Party, and the fact that Mealogic makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
The Mealogic Services and Sites may allow you to rate and post reviews of Third Party products and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are governed by the terms of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas (see below). Ratings and Reviews do not reflect the views of our Sites or Mealogic. We do not assume responsibility or liability for any Ratings and Reviews or for any claims, damages or losses resulting from the use of this service or the Materials contained therein. Ratings and Reviews that are submitted to our Sites shall be owned exclusively and in perpetuity by Mealogic. Such exclusive ownership means that Mealogic has the unrestricted, perpetual and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. We have no obligation to give credit or pay any consideration to you for any Ratings and Reviews. We reserve the right to delete or modify any Ratings and Reviews that we determine to violate the terms of this Agreement or general standards of conduct at any time and at our sole discretion or for any other or no reason. We strive to maintain a high level of integrity with our user-submitted Ratings and Reviews, and any submission that we determine to be disingenuous in any way, or could otherwise diminish the integrity of our Ratings and Reviews, will be removed.
User Content and Interactive Areas
We may provide interactive opportunities on our Sites, including, without limitation, user ratings and reviews, saved favorites, liked items and other features (collectively, "Interactive Areas").
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to our Sites ("User Content"). In addition, in consideration of our Sites accepting User Content, you hereby grant to Mealogic an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on our Sites and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in our Sites throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the "Uses") and the right to, in Mealogic's sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to Mealogic's disclosure of any information related to your use of our Sites in any capacity in connection with Mealogic's display of your User Content on our Sites. You also agree to indemnify and hold Mealogic harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of the Uses of the User Content that you submit on our Sites. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
By participating in any of the aforementioned activities, all users agree to follow our Sites' standards of conduct. Our Sites reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment of our Sites. Our Sites will also cooperate with local, state and/or federal authorities to comply with applicable law.
We do our best to encourage constructive and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, transmit, upload or otherwise make available through our Sites. You agree not to use the Interactive Areas or our Sites to make available any content that:
+ Is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
+ Infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person;
+ Contains unauthorized advertising or solicits other users; or
+ Is intended by the user to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on our Sites.
License and Proprietary Rights
Copyright and Ownership
All content, design, text, graphics, and interfaces on our Sites; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Mealogic. Consent is granted to view, electronically copy, and print in hard copy portions of our Sites for the sole purpose of placing an order with Mealogic for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Mealogic is strictly prohibited. You acknowledge that Mealogic and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Mealogic reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Mealogic.
Trademarks
"Mealogic", all Mealogic logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Mealogic or otherwise proprietary to Mealogic and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Mealogic Services and on our Sites are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using our Sites or the Mealogic Services.
Acceptable Use Policy
You are solely responsible for all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Mealogic Services, which includes, without limitation, use of the Mealogic Services to:
(a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;
(b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
(c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
(d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
(e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
(f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Mealogic Services or any other computer network;
(g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
(h) engage in any other activity deemed by Mealogic to be in conflict with the letter or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE MEALOGIC SERVICES, OUR SITES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MEALOGIC SERVICES, OUR SITES, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEALOGIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MEALOGIC SERVICES, OUR SITES, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MEALOGIC SERVICES; MEALOGIC DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. MEALOGIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH OUR SITES OR THE MEALOGIC SERVICES. MEALOGIC DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER MEALOGIC NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OUR SITES, THE MEALOGIC SERVICES, PRODUCTS, OR THE INTERNET. MEALOGIC'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MEALOGIC SERVICES AND TO TERMINATE THIS AGREEMENT. MEALOGIC RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in our Sites is provided for lawful purposes only. Mealogic operates our Sites for use in specific jurisdictions where it provides its Services and makes no representation that these materials are appropriate or available for use in other locations. If you use our Sites from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold Mealogic harmless from all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Dispute Resolution
Procedure
If a dispute arises or if you have a claim against us, you must first give us an opportunity to resolve your claim by sending a written description of your claim to hello@mealogic.io or the address provided in the “Notices” section below. This description must contain enough information for us to identify your account and attempt to resolve your claim, including:
(a) your name;
(b) a written description of the problem, along with any relevant documents or other information; and
(c) a statement of the specific relief you are seeking.
Similarly, if we have any dispute with you, we will send a notice to your email address or your billing address.
We each agree to negotiate any disputes between us in good faith, and we agree not to initiate any arbitration or court proceeding unless we are unable to resolve the dispute within 30 days after the notice was received. If we are unable to resolve the dispute within 30 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings.
Governing Law
No matter where you are located, this Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Mealogic or relating in any way to your use of the Mealogic Services or the Sites resides in the federal and state courts of the State of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Mealogic.
No Class Actions
YOU AND MEALOGIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mealogic agree otherwise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Cause of Action
To the extent permitted by law, any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
Miscellaneous
Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Mealogic may suspend or terminate this Agreement or the Mealogic Services or remove or disable access to any portion of the Mealogic Services at any time for any reason with or without notice to you. You may terminate this Agreement and your Mealogic Services at any time for any reason by delivering notice in the manner provided below. Your termination will be effective the day notice is received, or on a later date if specified in the notice. Mealogic reserves the right to collect fees and charges incurred before you cancel your Mealogic Services. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices
Mealogic may give notice to you of any change or any other communication related to this Agreement through a general posting on the Mealogic Site, by email, or by mail to the address provided in Your Account. You may give notice to Mealogic by calling 213-344-0755, by email to hello@mealogic.io (or as specified in the "About" section of the Mealogic Web site), or by conventional mail to:
Mealogic
Attention: CUSTOMER CARE
169 Madison Ave #2155
New York, NY 10016
Consumer Complaints
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
Entire Agreement
This Agreement and the Privacy Policy represent your entire agreement with Mealogic regarding the use of the Mealogic Services and the Sites. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and Mealogic.
Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of Mealogic, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Mealogic Services.
Transferability
The Agreement between you and us is binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.