TERMS AND CONDITIONS OF SERVICE
January 13, 2014
Welcome to the terms and conditions for Cookunity.com and the services offered therein (collectively, the “Cookunity Platform”), an application owned and operated by Cookunity LLC. (“Cookunity”).
Please read the following terms and conditions carefully. By using the Cookunity Platform, you acknowledge that you have read, understand, and expressly agree to be legally bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR REGISTER FOR THE SERVICES PROVIDED ON THE COOKUNITY PLATFORM. Cookunity reserves the right to amend these terms and conditions at any time. The amended terms and conditions will be made effective immediately upon posting on the Cookunity Platform.
Use of the Cookunity Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Cookunity Platform. To register as a cooking enthusiast or foodie (collectively, hereinafter referred to as “user”), you must provide your real name, address, phone number, e-mail address, and valid credit card information.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
What is Cookunity?
The Cookunity Platform provides a means to enable food enthusiasts (“Cooking enthusiasts”) to be matched with persons looking for tasty and home-made meals ("Foodies"). We offer a community marketplace for them to connect. For purposes of this Agreement these services shall collectively be defined as the "Services" or “Food Trade”. This Agreement describes the terms and conditions that will govern Your use of and participation in the Cookunity Platform.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a registered user of the Cookunity Platform, you represent and warrant that you are at least 18 years old. By using the Cookunity Platform, you represent and warrant that you have the right, authority and capacity to agree to these terms and conditions.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Cookunity for accessing your account on the Cookunity Platform. You are solely and fully responsible for all activities that occur under your password or account. Cookunity has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Cookunity immediately.
Important Health Information
People with certain conditions MUST HAVE physician approval prior to starting any Cookunity program; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any Freshly Programs.
Please consult your physician before beginning any Cookunity program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Check with your physician, but as a general guideline, we also recommend taking a multivitamin and a fish oil supplement as a part of your Cookunity program for optimal health. You should discuss your continued participation in the Cookunity program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Cookunity program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Weight Loss and Health Claims
Cookunity provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Cookunity, you acknowledge that Freshly does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Cookunity.
Cookunity does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. COOKUNITY PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers, and we update this information on a daily basis on our website and mobile app
Purchases, Fees, and Payments
When you first sign up for a subscription to a Cookunity weekly Plan (a “Plan”), you are charged only for the orders schedule on your weekly plan on a weekly basis. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly basis on your delivery day and each subsequent expected delivery date until your subscription is cancelled. If you wish to cancel or modify your subscription to a Plan, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as noted otherwise below, any amounts charged to or paid by you prior to such cancellation 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.
Cookunity may change the price of a Weekly Plan or meal, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of these Terms and Conditions. Price and Plan changes will take effect as of the next day on which Cookuity provided notice to you of the price or Plan change. By continuing to use Cookunity after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
ALL PAYMENTS ARE NON-REFUNDABLE. We encourage you to check these terms and conditions periodically for any changes. Cookunity, at its sole discretion, may make available promotional offers with different features to any user. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract with the cooking enthusiast.
Cookunity shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of a cooking enthusiast or Foodie’s cancelation of a food trade.
Credits and Refunds
If you are not satisfied with a meal for any reason, please contact our customer service team at email@example.com. You must report your issues within 2 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. CookUnity will require the return or photo documentation of the meal(s) that you are not satisfied with before we make a credit or refund, otherwise the the refund or credit will not take place. In special circumstances a credit or refund will be applied to your CookUity account.
Cancel or Modify a Subscription/Orders
Following your Plan selection and placement and receipt of your first weekly order, you may cancel or modify a subscription at any time online by managing your account at CookUnity.com, or by emailing us at firstname.lastname@example.org. 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. In addition, CookUnity has a strict cutoff for all modifications to orders, which is two or three days (when applicable) before your delivery day at 5:00 pm. After this time there are no cancellations or modifications allowed to orders and CookUnity will not take responsibility for any charges which may occur after this deadline has passed.
To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription pause, you must pause prior to the date when you are to be charged for your next order, which is emailed to you each delivery day and also displayed in your Cookunity account “upcomming”. The charge is typically at 5:00 pm EST, two or three days (when applicable) before your delivery, but can vary depending on other factors.
Of 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.
Either you or Cookunity may terminate your participation in the Cookunity Platform by emailing us at email@example.com at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, Cookunity will remove all of your information from its servers, though it may retain an archived copy of records it has about you as required by law or for legitimate business purposes. Cookunity maintains sole discretion to bar your use of the Cookunity Platform in the future, for any or no reason. Even after your participation in the Cookunity Platform is terminated, these terms and conditions will remain in effect.
Additionally, Cookunity may at any time, at its sole discretion, cease the operation of the Cookunity Platform or any part thereof, temporarily or permanently, without giving you any prior notice. You agree and acknowledge that Cookunity does not assume any responsibility with respect to, or in connection with the termination of Cookunity’s operation and loss of any data, including user generated content, as a result, as long as your pending reservation is handled properly.
Food Substitution Policy
Although Cookunity takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Cookunity is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Cookunity reserves the right to substitute a similar product. When making substitutions, Cookunity takes great care to meet the requirements of your particular Cookunity weekly plan. 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/labels or nutritional information which you can find following the QR code on each label.
Please Note: Cookunity food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
We use third-party carriers (UPS or Calideries) as well as our own Logistic Team to deliver your food packages and provide you with tracking information for every package. 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 our customers one courtesy replacement shipment per year at a 50% discount of their purchase price.
Your Responsibility to Protect Your Account
Cookunity reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Cookunity will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Cookunity may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Cookunity for losses incurred by Cookunity or another party due to someone else using your account or password. Cookunity has the right to disable any user name, password or other identifier, whether chosen by you or provided by Cookunity at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Social Media and Networking Sites
As part of the functionality of the Cookunity Platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Cookunity Platform, or allowing Cookunity to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Cookunity and/or grant Cookunity access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Cookunity to pay any fees or making Cookunity subject to any usage limitations imposed by such third party service providers. By granting Cookunity access to any Third Party Accounts, you understand that Cookunity may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “TPA Content”) so that it is available on and through the Cookunity Platform via your account, including without limitation any friend, contacts or following/followed lists, and Cookunity may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in herein, all TPA Content, if any, shall be considered to be Your Information and your content. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Cookunity Platform. Please note that if a Third Party Account becomes unavailable or the Cookunity Platform’s access to such Third Party Account is terminated by the third party service provider, then TPA Content may no longer be available on and through the Cookunity Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Cookunity makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Cookunity is not responsible for any TPA Content.
Telephone Calls and SMS Text Messages
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 Cookunity can reach you with informational calls related to your transactions. All calls to and from Cookunity may be monitored or recorded for quality and training purposes.
Changes to the Site
Cookunity 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 CookUnity is under no obligation to update such material.
In order to register on Cookunity and enjoy the Service as a Cooking enthusiast, all you need to do is enter the "Add Meal" registration segment on the Service and fill out your profile page. You will receive a confirmation for joining our Service via email to the email address you provided us upon registration.
When registering on Cookunity you must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
Note that either as a Cooking enthusiast or as a Foodie, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Information included in your profile which is marked as public shall be available to other Users on Cookunity and to all Internet users.
You agree that you will use the Cookunity Platform in a manner consistent with any and all applicable laws and regulations. Cookunity reserves the right, but is not obligated, to investigate and terminate your participation in the Cookunity Platform if you have misused the Cookunity Platform or engaged in unlawful or illegal conduct. With respect to your participation on the Cookunity Platform, you agree that you will not: impersonate any person or entity; "stalk" or otherwise harass any person; express or imply that any statements you make are endorsed by Cookunity, without Cookunity’s specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Cookunity Platform or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained on the Cookunity Platform; interfere with or disrupt the Cookunity Platform or the servers or networks connected to the Cookunity Platform; post, email or otherwise transmit any material that contains 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; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Cookunity Platform; "frame" or "mirror" any part of the Cookunity Platform, without Cookunity’s prior written authorization or use meta tags or code or other devices containing any reference to Cookunity or the Cookunity Platform in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Cookunity Platform or any software used on or for the Cookunity Platform or cause others to do so.
You further agree that Your Information and your interactions on the Cookunity Platform shall not be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL's or e-mail addresses other than where explicitly asked for it in the your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Cookunity or cause Cookunity to become subject to regulation as a food vending business of any sort; or link directly or indirectly to any other websites. You further agree that you will not transfer, use, or sell your Cookunity account and/or ID to any another party. Cookunity reserves the right, but has no obligation, to reject any user that does not comply with these prohibitions.
Cookunity owns and retains ownership in the Cookunity Platform and all intellectual property therein. You may not rent, lease, lend, sell, redistribute or sublicense the Cookunity Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Cookunity Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Cookunity. If you breach this restriction, you may be subject to prosecution and damages.
E-mail communications sent from Cookunity are designed to make your Cookunity experience more efficient. By becoming a user of the Cookunity Platform, you specifically agree to accept and consent to receiving e-mail communications initiated from Cookunity, which include, without limitation, message notification e-mails, e-mails informing you about potential meals and delicious dishes available, e-mails informing you of promotions, and emails informing you of new and existing features. Cookunity reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications, please do not use the Cookunity Platform.
All Cookunity intellectual property rights are owned exclusively by Cookunity. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Cookunity Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Cookunity Platform, provided by you to Cookunity are non-confidential and shall become the sole property of Cookunity. Cookunity shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Cookunity Platform, you agree to indemnify and hold Cookunity, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Cookunity Platform, including providing a link to another site or any user content or your violation of these Terms and Conditions.
In the event that you have a dispute with one or more users, you agree to release Cookunity (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Cookunity Platform.
Without limiting other remedies, Cookunity may terminate your use of the Cookunity Platform, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if you breach these terms and conditions or the documents it incorporates by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our users or Cookunity, or subject Cookunity or you or any other user to regulation by any state or local government or regulatory agency; or if Cookunity suspects that you have engaged in fraudulent activity in connection with the Cookunity Platform.
Resolution of Disputes and Legal Claims
Any legal disputes or claims between Cookunity and you that cannot be resolved informally will be submitted to binding arbitration in San Francisco, California. The arbitration shall be conducted by the American Arbitration Association, or any other established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Cookunity Platform be instituted more than three (3) years after the cause of action arose.
You and Cookunity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
First week promotions are only valid for first time subscribers.
Except as explicitly stated otherwise, any notices to Cookunity shall be sent by certified mail, postage prepaid and return receipt requested to Cookunity LLC, 597C Dolores St, San Francisco, CA 94110, and any notices to you shall be provided to you through the Cookunity Platform or sent to you via the email address you provide to Cookunity during the registration process. For notices to Cookunity, a notice shall be deemed given 3 days after the date that the notice was sent. For notices by Cookunity to users, a notice shall be deemed given 24 hours after an email is sent, unless Cookunity is notified that the email address is invalid. Alternatively, Cookunity may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Cookunity during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Cookunity Platform, you should first contact Cookunity customer service by email at firstname.lastname@example.org. If customer service is not able to resolve your complaint, you may file a complaint with the California Public Utilities Commission's Eater Intake Unit by calling 800-894-9444.
These Terms and Conditions shall be governed by the laws of the State of California without regard to choice of law principles. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Cookunity’s failure to act with respect to a breach by you or others does not waive Cookunity’s right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and Cookunity. Sections referring to services, licenses, liability limitation, indemnity, and resolution of disputes shall survive any termination or expiration of these Terms and Conditions.