Terms & Conditions

 

Welcome to The LoCal Kitchen and our Terms and Conditions. These Terms and Conditions are important and affect your legal rights, so please read them carefully.

By accessing or using the website or mobile application provided by The LoCal Kitchen that link to these Terms and Conditions, you agree to be bound by these Terms and Conditions and all of the Terms and Conditions incorporated herein by reference. If you do not agree to these Terms and Conditions, you may not access or use the Sites or order, receive meals.

These Terms and Conditions do not alter in any way the Terms or Conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these terms and Conditions on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms.

The LoCal Kitchen reserves the right to change or modify these Terms and Conditions at any time and in our sole discretion. If we make changes to these Terms and Conditions, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms and Conditions. By continuing to access or use the Sites or order and receive meals, you confirm your acceptance of the revised Terms and Conditions and all of the terms incorporated therein by reference. We encourage you to review the Terms and Conditions frequently to ensure that you understand the Terms and Conditions that apply when you access or use the Site or order, receive meals.

1. Privacy policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

 

2. Eligibility

The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Site (d) do not have more than one The LoCal kitchen account and (e) have full power and authority to enter into these Terms and Conditions and in so doing will not violate any other agreement to which you are party.

 

3. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Site, you will need to register for a The LoCal Kitchen account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.

 

By creating The LoCal Kitchen account, you also consent to receive electronic communications from The LoCal Kitchen example via email or by posting notices to the Site. These communications may include notices about your account (example, payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

 

4. Terms of Sale

• Meal Subscriptions ; Continuous Subscriptions ; Cancellation Policy

Meal Subscriptions. The LoCal kitchen offers different meal plans, please view the pricing page on our website. Note we do not currently deliver weekly meals to every location, so please view the delivery area.

Continuous Subscriptions. When you register for a weekly meal subscription, you expressly acknowledge and agree that (A) The LoCal Kitchen (or our third party payment processor) is authorized to charge you on a weekly basis for your meal subscription (in addition to any applicable taxes and other charges) for as long as your meal subscription continues, and (B) your meal subscription is continuous until you cancel it or we suspend or stop providing access to the site or meals in accordance with these terms. You may skip your weekly meal order as often as you would like by managing your delivery schedule on your delivery schedule page.

Cancellation Policy. You may cancel your meal subscription at any time by clicking on the “manage” link in your account settings and follow the steps for cancellation. Any meal order identified as order processed or delivered, has been processed and cannot be cancelled. You will be responsible for all charges (including any applicable taxes and others charges) incurred with respect to any meal order processed prior to the cancellation of your meal subscription.

In the event you cancel your meal subscription, please note that we may still send you promotional communications about The LoCal Kitchen, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

• Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the

 

specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.

Once your free trail ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for cancelling your subscription are described in sections 4 A above. Please note you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

• Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your The LoCal Kitchen account, you can do so at any time by logging into your account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Meal Subscription and applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

• Prices and Availability

All prices are shown in US dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your meal subscription, we will provide advance notice of such changes in accordance with section C. We will not, however, be able to notify you of changes in any applicable taxes. The shipments of your weekly meal subscription, as applicable, to you after delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription (s) in accordance with the cancellation policies set forth in Sections 4 A and B, as applicable.

All of our meal subscriptions are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain meals and to substitute meals (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us.

• Taxes

We will collect applicable sales tax on meals shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and change in tax rates.

• Shipping and Handling

You agree to pay shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make the purchase. Generally, shipping is handled by The LoCal Kitchen, however, we reserve the right to have shipping handled by a third party courier. When you purchase a meal subscription from The LoCal kitchen, any shipping times shown on the site are estimates only. Actual delivery times may vary. You agree that you will not obtain, or direct shipment of, a product of export. All meal subscriptions purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such meal subscriptions passes to you upon our delivery of the meal subscription.

• Deliveries

You are responsible for inspecting all meals you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. You should always inspect your delivery to confirm the meals arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood meal is 40 degrees F or below. In the unlikely event that such temperature zone is above 40 degrees F, or you have any other reason to believe that any other meal in your delivery is not suitable for consumption, contact us at theloCalkitchen.net and discard the item. To maintain the quality and integrity of the meals, we recommend that you immediately refrigerate all meals upon delivery and follow the U.S. Department of Agricultures (“USDA”) instructions on refrigeration and food safety.

If you are not at home when your meal delivery arrives, your meals will be left at your door step in a thermal insulated cooler with ice packs. We recommend that you use advance planning to ensure that your meals are refrigerated immediately.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your meals, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your meals is not feasible, we will cancel your meal delivery for the period affected and issue you a credit or refund of the purchase price for that meal delivery.

• No resale

You are not permitted to resell or otherwise use the meals for commercial purposes.

• Returns and Refunds

Please refer to The LoCal Kitchen return and refunds policy

• User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the site.

You agree that you will abide by these terms and will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct.

Use or attempt to use another user’s account without authorization from such user and The LoCal kitchen.

Use the site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying The LoCal Kitchen site or that could damage or impair the functioning of The LoCal Kitchen site in any manner.

Attempt to access any feature or area of The LoCal Kitchen site that you are not authorized to access.

Use any automated means or interface not authorized by us to access The loCal Kitchen site, extract data or modify the rendering of site pages or functionality.

Use The LoCal Kitchen site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these terms.

• User Content

The LoCal Kitchen site may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos,  music, sound, text, graphics, code, items or other material (collectively, “User Content”). In the event you decide to share your user Content with others through The LoCal Kitchen site or other third party platforms, you understand that this user Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of The LoCal Kitchen site or third party platforms.

By using the interactive features and areas of The LoCal Kitchen site, you further agree not to create, post, share or store any of the following:

User Content that is unlawful, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable.

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.

User Content that impersonates or misrepresents your affiliation with any person or entity.

User Content that references or depicts The LoCal Kitchen or our meals but fails to disclose a material connection to us.

User Content that contains any unsolicited promotions, political campaigning, advertising or other solicitations.

User Content that contains any private or personal information of a third party without such third party’s consent.

User Content that contains any viruses, corrupted date or other harmful, disruptive or destructive files or content.

User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying The LoCal Kitchen site or meals, or that may expose The LoCal Kitchen or others to any harm or liability of any type.

 

Although we have no obligation to screen, edit or monitor User Content, The LoCal Kitchen reserves the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on The LoCal Kitchen site and any time for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on The LoCal Kitchen site or third party platform at your sole cost and expense.

• Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to The LoCal Kitchen site or to our pages or feeds on third party social media platforms (example The LoCal Kitchen Facebook page, Instagram page or Twitter feed), you hereby grant The LoCal Kitchen nonexclusive, royalty free, worldwide, perpetual, irrevocable and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to The LoCal Kitchen through The LoCal Kitchen site or through other pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is not confidential, (b) you own and you control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize The LoCal Kitchen to use such User Content for the purposes described in these terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these terms or any applicable law, rule, regulation or third party right.

• Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about The LoCal Kitchen site or the meals. The LoCal Kitchen shall own exclusive rights, including without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

• Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The LoCal Kitchen, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, The LoCal Kitchen parties, from and against all actual and alleged The LoCal Kitchen party or third party claims, damages, awards, judgments, losses, liabilities, obligation, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively “claims”), including but not limited to, damages to property or personal injury, that are cause by, arise out of or are related to (a) any use or misuse of The LoCal Kitchen site, content or products by you or any third party you authorize to access or use such sites, content or products, (b) any User Content you create, post, share or store on or through The LoCal Kitchen or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these terms, and (e) your violation of the rights of another. You agree to promptly notify The LoCal Kitchen of any third party claims, cooperate with The LoCal Kitchen parties in defending such claims (including, but not limited to, attorneys fees and expenses, court costs, cost of settlement and costs of pursuing indemnification and insurance). You further agree that The LoCal Kitchen Parties shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The LoCal Kitchen.

• Disclaimers

You are solely responsible for, and assume all risks related to , handling, storage, heating, use and consumption of the meals you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the meals and their contents before handling, using or consuming such products. Further, you understand, acknowledge and agree that we store, portion and prepare products containing all eight major US allergens (Milk, Wheat, Egg, Soy, Fish, Shellfish, Peanuts and Treenuts) and cannot guarantee that cross contamination will not occur between products. We attempt to display the meals and information you view on The LoCal Kitchen site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our site, in an order confirmation, in preparation or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the meals you receive in your order may vary from the meals displayed on the site due to a number of factors, including, without limitation, system capabilities and constraints of your computer, supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances. The site may contain information about meals that are not available in every location. A reference to a meal on the site does not imply or guarantee that it is or will be available in your location or at the time of your order. We reserve the right to change and all Content and to modify, suspend or stop providing access to The LoCal Kitchen site (or any features or functionality of the site) and the meals at any time without notice and without obligation or liability to you. Reference to any meal, service, process or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

• Limitation of Liability ; Release

To the fullest extent permitted by applicable law, in no event shall The LoCal Kitchen parties be liable for any indirect, special, incidental or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or the use of The LoCal Kitchen site or content (including but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any meal, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from The LoCal Kitchen party, or from events beyond The LoCal Kitchen parties reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, Trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of The LoCal Kitchen parties (jointly) arising out of or in any way related to (a) the order, receipt or use of meals purchased from The LoCal Kitchen exceed the amount paid for such meals; and (b) the order, receipt or use of meal ingredients, or access or use the sites or content, exceed the greater of $250.00 or the amount you paid to use in the 1 month period immediately preceding the date on which your claim arose. The Foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute The LoCal Kitchen parties sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge The LoCal Kitchen parties from and against, and covenant not to sue any such The LoCal Kitchen party for, all claims you have or may have arising out of or in any way related to these terms.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by meals you purchase from us, or for your fraud, gross negligence, or intentional, willful, malicious or reckless misconduct.

• Modifications to the Site and Meals

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the site (or any features or parts thereof) or the provision of the meals at any time.

• Dispute Resolution;Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The LoCal Kitchen and limits the manner in which you can seek relief from us.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action,, demands or proceedings (collectively, “disputes”) arising out of or related to a violation of User Conduct or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation copyrights, trademarks, trade names, logos, trade secrets or patents, you and The LoCal Kitchen agree (a) to waive your and The LoCal Kitchen’s respective rights to have any and all disputes arising from or related to these terms, or the site, content or products, resolved in a court, and (b) to waive your and The LoCal Kitchen’s respective rights to a jury trial. Instead, you and The LoCal Kitchen agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).

No class arbitrations, Class Actions or Representative Actions

You and The LoCal Kitchen agree that any dispute arising out of or related to these terms or the site, content or products is personal to you and The LoCal Kitchen and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and The LoCal Kitchen agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and The LoCal Kitchen agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

• Termination

Notwithstanding anything contained in these terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the site and to order, receive and use the products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event that you will not be entitled to a refund of any amounts that you have already paid us, to the fullest extent permitted by applicable law.

• Severability

If any term, clause or provision of these terms is held invalid or unenforceable, then that term, clause or provision will be severable from these terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms. Further, these terms will remain valid and enforceable, except as prohibited by applicable law.

• Survival

The following sections will survive the expiration or termination of these terms and the termination of The LoCal Kitchen account:

• Miscellaneous

These terms constitute the entire agreement between you and The LoCal Kitchen relating to your access to and use of the site and your order, receipt and use of products. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of The LoCal Kitchen. No waiver of any provision of these terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and The LoCal Kitchen failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.