TERMS AND CONDITIONS

Welcome to the Epicured.com website (the "Site") and the Epicured Meal Delivery Service (together with the Site, the "Services"). The Services are owned and operated by Epicured Meal Delivery, LLC, a New York limited liability company ("we," or the "Company"). Your access to and use of the Services is subject to the Terms and Conditions ("Terms") set forth in this Agreement.


PLEASE READ THIS AGREEMENT CAREFULLY. By using the Services, our Site, or placing an order, you acknowledge that you have read this agreement and accept and agree to be legally bound by the Terms. If you do not wish to be bound by these Terms, you may not access or use the Services.


We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be located on the Site, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the Site or an email to the email associated with your account. Your continued use of the Services constitutes your acceptance of any such revisions. You should periodically visit this page to review the current Terms.


1. Epicured Meal Delivery Subscription, Payment Terms.

BILLING. Epicured offers a subscription meal delivery service that specializes in low FODMAP & gluten-free prepared foods. When you sign up for our meal delivery service, you are charged only for the first week of the subscription. your subscription will automatically renew each week, and we will charge your payment method each week. You can cancel or modify your subscription and meals at any time as described in the 'Cancel' or 'Modify a subscription' section below; however any amounts charged to or paid by you prior to such cancelation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the state of the order.


CREDITS AND REFUNDS. If you are not satisfied with a meal for any reason, please contact our customer service team at [email protected]. You must report your issues within 5 days of the meal being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that delivery. Epicured may require the return or photo documentation of the meal(s) that you are not satisfied with before we make a credit or refund. We reserve the right to expire, limit, or modify any credits at any time. Credits will automatically be removed after 30 days of date applied.

FREE SHIPPING. We offer free shipping for all customers on any order over $100.00 (One-Hundred dollars).

CANCEL OR MODIFY A SUBSCRIPTION. You may cancel or modify a subscription at any time online by managing your account at Epicured.com, or by emailing us at [email protected]. Please note, however, that any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order.
To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription pause, you must pause or cancel prior to the date when you are to be charged for your next order. A reminder will be emailed to you each week, on Thursday, and also displayed in your Account under "Upcoming Order". The charge is typically 3 to 7 days before your expected delivery, depending on your specified delivery schedule. Updates and changes to your subscription and meal selection for the upcoming week must be made before the cut-off time, which is Friday at 9am EST. After this time, meal orders for the upcoming week are in progress and cannot be cancelled. Note, however, that if you cancel after Friday at 9am, you will receive your final delivery the following week.
If you cancel a subscription before receiving your first order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the state of your meals in our production process, and any promotions applied. You will be notified if any of your charged orders will be cancelled and refunded, or if you will still receive the order after cancellation.
You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Services at any time without prior notice. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion. Where incorrect pricing is listed due to typographical or other administrative error, we reserve the right to cancel an order made using the incorrect pricing. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
If you are using a promotion or discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted products or services; however, we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at our option, carry specific terms and conditions disclosed at the time such special promotion is offered, and we reserve the right to create, amend and enforce such terms at our sole reasonable discretion.
For meal delivery programs and related services offered on the Site, you may be prompted at checkout to select a particular delivery schedule and to provide specific information to help us make the delivery process more efficient. If the information you provide is incomplete or inaccurate, it is likely delivery will be delayed.
MEAL SUBSTITUTION POLICY. Availability of product(s) may change without notice. Epicured is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. Occasionally, products offered are rotated and no longer available for purchase. If you have one of these products in any upcoming orders, you will be notified in advance of any substitutions. Epicured reserves the right to substitute a similar product. When making substitutions, Epicured takes great care in selecting substitutions that are as similar as possible, however, substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Epicured 's food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredient(s).

Please Note: Epicured's food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.

SHIPPING. FOOD DELIVERY IS SUBJECT TO MANY FACTORS BEYOND OUR CONTROL INCLUDING, IN PARTICULAR, WEATHER, TRAFFIC CONDITIONS, POLICE, FIRE AND MEDICAL EMERGENCIES. ACCORDINGLY, WE DO NOT GUARANTEE TIMELY DELIVERY, AND ARE NOT RESPONSIBLE FOR ANY DELAYS IN DELIVERY. MEAL PROGRAMS ARE SCHEDULED ACCORDING TO AVAILABILITY. WE DO NOT GUARANTEE THAT A PARTICULAR COMMENCEMENT DATE IS AVAILABLE FOR A PARTICULAR PROGRAM OR SERVICE. UNLESS OTHERWISE EXPRESSLY PROVIDED AT CHECK-OUT, THE CUT-OFF TIME FOR MEAL PROGRAM SIGN-UP IS 11:59 PM EASTERN TIME ON THE DATE ARISING TWO DAYS BEFORE COMMENCEMENT OF THE PROGRAM. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we may ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide one courtesy replacement shipment per year at a 50% discount of the purchase price.
REFUSED DELIVERY. Any deliveries that are refused are not eligible for refunds of any kind. You are responsible for payment and your account may be closed without warning or notice at our sole discretion.
We endeavor to ensure that food provided as part of the Services consists of the freshest ingredients possible, designed to be preserved for the duration of the relevant meal program assuming proper refrigeration and care. ALL MEALS SHOULD BE REFRIGERATED UNTIL CONSUMED. WE DO NOT WARRANT THE FRESHNESS OR SAFETY OF ANY FOOD KEPT FOR MORE THAN THREE (3) DAYS AFTER DELIVERY. ONCE DELIVERED, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER REFRIGERATION AND SECURITY OF FOOD WE DELIVER INCLUDING, WITHOUT LIMITATION, ENSURING THAT YOUR FOOD IS NOT TAMPERED WITH. IF YOU THINK YOUR FOOD HAS BEEN TAMPERED WITH, OR HAS NOT BEEN PROPERLY REFRIGERATED, OR HAS BEEN HELD TOO LONG SINCE DELIVERY, YOU SHOULD NOT CONSUME THAT FOOD.

2. Your Account

In order to access some features of the Site, you will have to create an account. When you sign up for an account, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect, please visit our Privacy Policy found here: https://www.epicured.com/privacy/. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity. You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
You acknowledge, consent, and agree that Epicured may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that your use violates the rights of third parties; (d) provide certain customized features of the Services to you, if any; (e) respond if you contact Epicured for any reason; or (f) protect the rights, property, or personal safety of Epicured, its other users, and the public. You may cancel your account with us at any time by emailing [[email protected]] or at [https://www.epicured.com/contact]. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms.
Telephone Calls. Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Epicured can reach you with informational calls related to your transactions. All calls to and from Epicured may be monitored or recorded for quality and training purposes.


3. Authorized Use of the Site

We allow you to use this Site and to display its content solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site.


4. Proprietary Rights

Everything that appears on the Site is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms. We do not represent or warrant that your use of materials displayed at the Site will not infringe rights of third parties.


5. Disclaimer of Warranties.

Neither the Company nor any other party involved in creating, producing, or delivering the Services makes any representations about the suitability of the content of the Services for any purpose, nor that your use of the Services will be uninterrupted or error-free. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While we use reasonable efforts to include accurate and up to date information at the Site, we make no warranties or representations as to the Site's accuracy. We disclaim any and all liability for the accuracy, completeness, correctness, or currentness of such information.
The content on the Site is provided for your information only. Epicured's products and services, including the contents of the Site, are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Please read our Medical Disclaimer for additional information.


6. Limitation of Liabilities.

Neither the Company nor any other party involved in creating, producing, or delivering the Services assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of the Services and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.


7. Content Submitted to Us.

Any unsolicited communication or material that you transmit to the Services by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, we will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.


8. Images.

Images displayed on the Services are either the property of, or used with permission by, the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


9. Trademark Information.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Services are registered and unregistered Trademarks of the Company and others. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.


10. Links.

We have not reviewed any sites that may be linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.


11. Notices.

We may give notice to our users by means of a general notice on this Site, electronic mail to a user's e-mail address on its records, or by written communication sent by first class mail to a user's address on its records.


12. Prohibited Uses

You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party. You will not use the Site to transmit or promote (i) any falsehoods or misrepresentations that could damage Epicured or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.


13. General Information.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.


14. Changes to the Site.

Epicured may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Epicured is under no obligation to update such material.


15. Gift Cards and Account Credits

You may purchase and/or otherwise receive Gift Cards and/or Account Credits through the Site. You must create or have an existing and valid account ("Account") with Epicured in order to redeem a Gift Card and/or Account Credit. Gift Cards may be redeemed on the Site. Gift Cards (including electronic gift codes) are one time use cards and are only redeemable for Epicured meal plans and services ("Subscription"). Gift Cards and/or Account Credits are not refundable and may not be redeemed for cash. Redemptions of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. The entire value of the Gift Card will be applied to your Account upon redemption. Any Gift Card balances in your Account will be applied toward your Epicured Subscription until the Gift Card is depleted. All sales of Gift Cards are final and non-refundable. Gift Cards cannot be used to purchase other Gift Cards, and cannot be reloaded, resold, or transferred for value. Redemptions of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. The entire value of the Gift Card will be applied to your Account upon redemption. Any Gift Card balances in your Account will be applied toward your Epicured Subscription until the Gift Card is depleted. All sales of Gift Cards are final and non-refundable. Gift Cards cannot be used to purchase other Gift Cards, and cannot be reloaded, resold, or transferred for value. Title to the Gift Cards and the risk of loss, destruction or deterioration pass to the purchaser upon purchase. Epicured is not responsible for any Gift Cards that are lost, stolen, destroyed or used without your permission. Epicured may modify any of the terms and conditions governing use of the Gift Cards and the Terms and Conditions at any time, subject to our compliance with applicable laws. We reserve the right to expire, limit, or modify any credits at any time. Credits will automatically be removed after 30 days of date applied.