These Terms of Service (“Terms”) regulate your use of the multi-faceted online platform provided by Home Fresh Meals LLC, including related content and services (collectively referred to as the “Services”) within the United States and its territories. These Terms form a binding legal contract between you and Home Fresh Meals LLC. It is crucial that you read these Terms attentively. By utilizing the Services, you are confirming your acceptance of these Terms. Should you disagree with these Terms, you are advised not to use the Services. These Terms override any prior agreements or negotiations you may have had with us concerning the Services. However, agreements regarding specific services like driving, cooking, and delivery remain unaffected by these Terms. Home Fresh Meals LLC reserves the right to terminate these Terms or any Services at its discretion at any time. IMPORTANT: This Agreement includes an Arbitration Agreement, which dictates the resolution method for disputes between you and Home Fresh Meals. This means disputes will be resolved on an individual basis through binding arbitration, as detailed below. By agreeing to these Terms, you acknowledge your understanding and acceptance of this clause. Supplementary terms may be applicable to certain Services and will be communicated accordingly. These supplementary terms are considered an integral part of these Terms. We may modify these Terms periodically and will notify you of such changes. Your continued use of the Services post-notification signifies your agreement to the amended Terms. If you disagree with the revisions, you must discontinue using the Services. The handling of personal information by Home Fresh Meals is outlined in our Privacy Policy.
By accepting these Terms, you agree to resolve any disputes with Home Fresh Meals individually through arbitration, barring participation in any class or collective actions against the company.
A. Binding Arbitration Agreement
You and Home Fresh Meals agree that any disputes or claims arising from or related to these Terms, your use of the Services, or any incidents alleged to have occurred in connection with the Services will be resolved through binding arbitration, not in court. This includes disputes arising before or after agreeing to these Terms and extends to any claims you may bring against related third parties. You waive the right to a jury trial and participation in class actions. This Arbitration Agreement extends to claims involving third parties related to your use of the Services.
B.Exceptions to Arbitration
Certain claims are excluded from arbitration: claims in small claims court on an individual basis, individual claims related to sexual assault or harassment, and claims for injunctive relief against intellectual property rights violations. These claims must be pursued individually in a competent court. This agreement not to arbitrate certain claims does not affect the overall enforce-ability of the Arbitration Agreement for other disputes.
C. Rules and Governing Law.
The arbitration process will be overseen by the American Arbitration Association (“AAA”) following its Consumer Arbitration Rules (the “AAA Rules”), except where altered by this Arbitration Agreement. The AAA Rules are accessible online or via phone. The arbitrator, rather than any court or agency, has the exclusive authority to resolve disputes including the enforce-ability of this Arbitration Agreement. The Federal Arbitration Act (“FAA”) governs this Agreement, emphasizing the transaction’s interstate commerce nature. If the FAA and AAA Rules are deemed inapplicable, state law from your residency at the time of agreement acceptance applies, specifically for personal injury disputes, including sexual assault or harassment, related to the Services.
D. Arbitration Process.
Before arbitration, parties must attempt informal resolution after notifying each other in writing of the dispute. If unresolved, arbitration is initiated by filing a Demand with the AAA, following their Consumer Arbitration Rules. The arbitrator, selected from the AAA’s roster, will conduct arbitration in the county of your residence, with the procedure determined by the claim’s size and the AAA Rules.
E. Arbitrator’s Decision.
The arbitrator’s decision, to be made within the AAA Rules’ time frame, is final and binding, with limited grounds for court review. The decision applies only to the involved parties, without precedent. Successful claimants may recover attorneys’ fees as permitted by law, with Home Fresh Meals waiving its right to recover attorneys’ fees if it prevails.
F. Arbitrator’s Fee.
You are responsible for arbitration fees as outlined in the AAA Rules.
G. Severability and Survival.
If any part of this Arbitration Agreement is found unenforceable, it will be severed, leaving the remainder in effect. Non-arbitrable claims must proceed in court, with arbitration for individual claims unaffected.
Home Fresh Meals provides a digital platform connecting users with independent third-party providers for various services. The platform is intended for personal, noncommercial use, underscoring that Home Fresh Meals is not a food, logistics, or delivery provider but a facilitator of these connections.
A. License.
You are granted a limited, non-exclusive license to access and use the Services and associated content for personal, noncommercial purposes, subject to these Terms.
B. Restrictions.
Users must not misuse the Services, including copyright infringement, unauthorized modification, or disrupting service operation. Violations can result in access revocation.
C. App Stores.
The availability of our Applications may depend on third-party app stores, with agreements between users and Home Fresh Meals. Apple users acknowledge Apple’s third-party beneficiary rights under this Agreement.
D. Ownership.
The Services, including intellectual property, remain with Home Fresh Meals or its licensors. Users are granted a limited license without rights to Home Fresh Meals trademarks or proprietary information.
A. Account Registration.
To access most features of the Services, you must create and maintain an active personal user account (“Account”). You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an Account. Accounts are not available to individuals previously banned from the Services. Registration requires personal information and a valid payment method. It’s crucial to keep your Account information accurate and up-to-date, including your contact and payment details. You’re responsible for all activity under your Account and must keep your account credentials confidential.
B. Conduct and Use.
You must follow the Home Fresh Meals Community Guidelines and ensure that your use of the Services is lawful. Services may not be used by or on behalf of individuals under 18 without adult supervision. Misuse of your Account or the Services may lead to loss of access. Compliance with all applicable laws is required.
C. Communications.
Home Fresh Meals may contact you via phone or text, including automated systems, for various purposes, including marketing. Consent for such communication is not required as a condition of purchase. You can opt-out of text communications at any time.
D. User Content.
You may provide content to Home Fresh Meals, which will remain your property. However, by providing content, you grant Home Fresh Meals a broad license to use this content. Ensure you have the right to grant this license and that your content does not infringe on others’ rights.
E. Feedback.
Any feedback you provide to Home Fresh Meals is non-confidential and may be used without compensation to you. Home Fresh Meals is not obligated to use or respond to your feedback.
F. Network and Devices.
You are responsible for obtaining the necessary network access and compatible devices to use the Services. Home Fresh Meals is not liable for network access charges, device compatibility, or electronic communication issues.
A. User Charges.
Using the Services incurs charges for the services or goods received. Home Fresh Meals facilitates your payment of these charges, which may include taxes, fees, and surcharges. Charges are determined by various factors, including demand. All payments are facilitated through your designated payment method in your Account. Charges are generally non-refundable, except as determined by Home Fresh Meals.
You have the right to request adjustments to charges from Third Party Providers. Home Fresh Meals acts as a limited payment collection agent for Third Party Providers. Tips are at your discretion and not required. Some charges may be owed directly to Home Fresh Meals. Service access does not generally require a fee, but Home Fresh Meals reserves the right to introduce fees for certain services.
Prices displayed through the Services may differ from those offered elsewhere. Any discrepancies in charges should be reported to Home Fresh Meals within 30 days.
A. Damage, Cleaning, Lost and Found, and Violation of Terms.
Home Fresh Meals may charge you a fee if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in Home Fresh Meals sole discretion, based on the type of damage and the severity. Home Fresh Meals reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by Home Fresh Meals in Home Fresh Meals reasonable discretion, Home Fresh Meals reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Home Fresh Meals to a Third Party Provider, if applicable, and are non-refundable. Additionally, if you fail to comply with these Terms you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
A. Disclaimer.
The Services are offered on an “as is” and “as available” basis without warranties of any kind, except as expressly outlined in these Terms. Home Fresh Meals disclaims all other warranties, either expressed or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be reliable, timely, quality, suitable, available at all times, uninterrupted, or error-free. We also do not ensure the quality, safety, or ability of third-party providers. You assume all risk arising from your use of the Services and any services or goods acquired therein.
B. Limitation of Liability.
Home Fresh Meals is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, data loss, personal injury, or property damage related to the Services use, even if advised of such damages’ possibility. Our liability does not extend to any issues that arise from your use or reliance on the Services, nor for transactions or interactions with third-party providers, even if we are aware of the potential for such damages. We are not liable for delays or failures in performance caused by factors beyond our control. Our liability is limited to the extent permitted by law.
Indemnity
You agree to indemnify Home Fresh Meals, its affiliates, and their respective officers, directors, employees, and agents against any claims, demands, losses, damages, or expenses (including attorney fees) arising from your use of the Services, breach of these Terms, your user content, or your violation of any law or the rights of a third party.
Definitions and Additional Provisions
Cooks are responsible for adhering to health codes and ensuring food safety.
Drivers are accountable for the safe transportation of food.
Customers acknowledge that Home Fresh Meals is a platform connecting them with cooks and drivers, not liable for the direct actions of these parties.
Dispute Resolution includes mediation and arbitration procedures for resolving conflicts.
Termination rights reserved by Home Fresh Meals for violations or updates to terms, with notice provided to users.
Food Safety and Handling, Liability and Insurance, and Indemnity Agreements
Specific agreements highlight responsibilities and liabilities concerning food safety, handling, delivery, and overall service quality.
A. Choice of Law.
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict of law principles, applicable to interpretations of these Terms only and not intended to extend California law rights to non-residents.
B. Choice of Forum.
Disputes arising under these Terms will be resolved in the state and federal courts of California, except for personal injury claims, which are governed by the jurisdiction where the incident occurred, as detailed in these Terms and the Arbitration Agreement.
