TERMS OF USE

1. Description and Use of the Platform

Daily Meal mission is to provide the freshest, most nourishing food possible. That means 100% commitment to safety and quality control practices in all the steps taken to prepare our meals, from farm to table. The fundamental purpose of our service is to help you achieve and maintain optimal health through your nutritional choices.

2. Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident in Canada, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Daily Meal account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Community Guidelines

Daily Meal’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website or the Platform, you hereby agree to comply with these community rules and that:

You must be the age of majority in their jurisdiction and capable of entering into binding contracts;
You will not use the Website or the Platform for any unlawful purpose;
You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
is false, deceptive, misleading, deceitful, or misinformative;
Infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not access or use the Website or the Platform to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.

4. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a Daily Meal account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Daily Meal account, you also consent to receive electronic communications from Daily Meal (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., 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 to 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 from us by printing a paper copy or saving an electronic copy. We may also send you promotional 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. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Terms of Sale

5.1 Subscriptions; Continuous Subscriptions; Cancellation Policy

Subscriptions. We offer different subscription plans for our Products (each, a “Subscription”). For more information about our Subscriptions, please visit the Pricing page on our website and our FAQs. Note that we do not currently deliver Products to every location, so please visit our Pricing page to see if we deliver to your area.

Continuous Subscriptions. Daily Meal Subscription Service. The Daily Meal Subscription Service is an automatic recurring subscription service. As part of the Daily Meal Subscription Service, we offer a number of subscription options that you choose from (each, a “Plan”). Each week (excluding those you choose to skip in accordance with the Agreement) you will receive a package from Daily Meal including the contents of your chosen plan (each a “Delivery”). You can find specific details regarding your plan and the Daily Meal Service (“Account”) by accessing the Site and accessing your Account details. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) DAILY MEAL (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU ON A WEEKLY OR MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT DAILY MEAL WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. YOU MAY SKIP YOUR WEEKLY ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE ON YOUR DELIVERY SCHEDULE PAGE.

Cancellation Policy. CANCELLATION POLICY. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. AFTER YOUR FIRST ORDER, YOU MAY CANCEL IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT [email protected] AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. YOU MAY CANCEL AT ANY TIME, BUT IF YOU CANCEL AFTER THE WEEKLY CUTOFF (SUNDAY AT 6 PM ET), YOU WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT WEEK’S SHIPMENT. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications about Daily Meal, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

5.2 Gift Box

You have the ability to purchase a gift box, which may be purchased for other recipients through the Sites (“Gift Box”). Gift Boxes are eligible for purchase if the recipient resides within our delivery zone.

When you purchase a Gift Box, we will send an email to the Gift Box recipient that can be used to redeem the Gift Box. Unless otherwise specified in connection with a specific promotion, the Gift Box recipient will not be required to create a Daily Meal account in order to access the Sites and redeem the Gift Box. Gift Box purchases are not refundable or redeemable for cash, unless otherwise required by applicable law. Gift Boxes do not expire.

5.3 Gift Cards

5.3.1 Redemption; Balance.

Daily Meal may provide gift cards from time to time in connection with specific promotions (each, a “Gift Card”). The terms and conditions applicable to Gift Cards will be those set forth on the Gift Card or those terms on the Sites that are specifically referred to in connection with such Gift Card or promotion. Unless otherwise expressly indicated, Gift Cards may only be used to redeem subscription services from Daily Meal. Gift Cards may not be reloaded, resold, transferred or valued or redeemed for cash, unless otherwise required by applicable law. No portion of the balance on your Daily Meal Gift Card may be transferred to another Daily Meal account.

Our Daily Meal Gift Cards may require the recipient to set up a Daily Meal account. In such cases, the recipient of a Gift Card will be required to provide a credit card (or other approved payment method) when redeeming the Daily Meal Gift Card to cover recurring subscription fees that exceed the amount of the Gift Card in addition to any applicable taxes and other charges. For more information about our subscriptions, cancellation policy and recurring charges please refer to the respective sections in our Terms & Privacy. No taxes are charged on the purchase of Daily Meal Gift Cards. Applicable taxes may be charged when Daily Meal Gift Cards are redeemed. Certain products, including those that are not available on a subscription basis, may not be available for purchase with a Daily Meal Gift Card.

Unless otherwise expressly indicated, purchases made with your Gift Card will be deducted from your Daily Meal Balance. Any unused Daily Meal Balance will remain associated with your Daily Meal account, but if a purchase exceeds your Daily Meal Balance, you must pay the remaining amount with a credit card (or other approved payment method).

5.3.2 Limitations; Restrictions; Risk of Loss.

Gift Cards are non-refundable. We are not responsible for any lost, stolen or destroyed Gift Card or use by someone other than yourself or the intended Recipient. These Gift Card terms are subject to change without notice at any time and in our sole discretion. Daily Meal Gift Cards are void where prohibited.

Use of Gift Cards for unauthorized advertising, marketing, sweepstakes or other promotional or commercial purposes is strictly prohibited. Daily Meal Gift Cards may not be combined with certain promotional offers. We reserve the right to refuse Daily Meal Gift Card sales to anyone and limit how many Daily Meal Gift Cards an individual may purchase or redeem. If we suspect that a Daily Meal Gift Card is obtained, used or applied to a Daily Meal account fraudulently, unlawfully or otherwise in violation of these Gift Card Terms, we reserve the right to void Daily Meal Gift Cards or any component of your Daily Meal Balance, close your account, and bill alternative forms of payment.

5.3.3 Expiration.

Unless otherwise expressly indicated, Gift Cards do not expire or decrease in value if you do not use them. We do not charge activation, service charges or dormancy fees.

5.3.4 Promotional Cards.

From time to time, you may be awarded with or receive “rewards,” “promotional gift cards”, “credits”, “vouchers” or similar physical or electronic gift cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program (collectively, “Promotional Cards”). All terms and conditions that are affixed to or otherwise provided in connection with such Promotional Cards shall apply, including any expiration dates, delayed activation dates or any other additional restrictions or exemptions as provided on the Promotional Cards themselves or any packaging or other written materials that accompany such Promotional Cards or any applicable law. To the extent not provided in connection with such terms and conditions, the Gift Card Terms shall apply to such Promotional Card.

5.4 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 TRIAL 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 CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 5.1 ABOVE. PLEASE NOTE THAT 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.

5.5 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 Daily Meal 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 Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

5.6 Pricing and Availability

All prices are shown in U.S. 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 Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our 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 Section 5.1, as applicable.

All of our Products 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 Products and to substitute Products (including, but not limited to, specific ingredients or entire items) 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 at [email protected].

5.7 Taxes

We will collect applicable sales tax on Products 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 changes in tax rates.

5.8 Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, 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 your purchase. Generally, shipping is handled by a third party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

5.9 Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for confirming that the Products you receive are frozen. Each box is carefully packaged to stay frozen unit the time of delivery. To maintain the highest quality and integrity of your cups after delivery, you should immediately place the items into frozen storage (< 0° F) when you receive them. You should always inspect your delivery to confirm that cups arrive frozen. If at any time you believe that the Product in your delivery is not suitable for consumption, contact us at [email protected].

To maintain the quality and integrity of the Products, we recommend that you immediately freeze all Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on frozen food storage and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our Products are packaged with insulated liners and dry ice and are designed to be delivered frozen under normal delivery condition. However, depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your Daily Meal account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

If you would prefer that someone have to sign for the delivery, please let us know the specific instructions. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, 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 Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

5.10 No Resale

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

5.11 Returns and Refunds

If you are dissatisfied with a Product or ingredient for any reason, please contact us at [email protected] within seven (7) calendar days of the date you received the Product and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. We may arrange a return or require photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit or refund.

6. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Daily Meal logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Daily Meal or our licensors or users, as applicable, and are protected by Canada. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Daily Meal or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Daily Meal or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6.1 Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Name of Designated Agent:
Address: Daily Meal, Inc., Toronto, Ontario, Canada.
Email: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7. Trademarks

“Daily Meal,” the Daily Meal logo and any other Daily Meal Product or service names, logos or slogans that may appear on the Sites or Products are trademarks o