Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of 18 years old and capable of completing purchases and agreeing to our terms of service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. If you’re under 18 years old, you may not use any of our Services
We provide a platform through which users can place Orders for Meals. You use our Services at your own risk. The current range of meal prices are available for review on the Site We reserve the right to adjust the Pricing Schedule in our sole discretion, at any time, and without notice to you.
Once your Order is submitted and payment is completed it cannot be changed or cancelled. All sales are final. In the event of any problem with a Transaction, we reserve the right, but are not obligated, to revise your order to correct any error, to issue you a refund or credit, or to cancel your Order and issue you a refund or credit.
If you have a complaint or dispute concerning an Order, please contact us at firstname.lastname@example.org, and we’ll try to fix the problem in the manner we deem appropriate, in our discretion. We reserve the right to address any complaints or disputes in our discretion, which may include, but is not limited to, us making revisions to your order to correct any error, issuing you a refund or credit, or cancelling your order and issuing you a refund or credit.
If you purchase a Gift Card, that sale is final. See Gift Card Terms below.
If you purchase a Virtual Cooking Class, that sale is final. You can reschedule if necessary to another day.
Ingredient & Nutrition Information
Dish provides ingredient & allergen information by dish on the website. Our commercial kitchen is NOT nut-free or gluten-free. Though we do follow all safe food handling regulations when working with allergens, we cannot guarantee cross-contamination. Please refer to ingredients by dish for more information before ordering, and order at your own risk.
Dish posts macro information on myfitnesspal.com, under “DishKitchen”. However, Dish is not a health or nutritional guidance company, and this is solely for informational purposes, and may change based on recipe adjustments.
PURCHASE AND PAYMENT
In order to complete your order, you must create an account. By completing an order, you agree to the payment processed. No refunds will be issued if you decide to cancel once the order is complete. If there are extenuating circumstances, a CREDIT can be issued for your order, and you can apply it to a future order. If there is an error on your order that you need assistance with, please contact us at email@example.com and we will work with you to try and resolve, however, we provide no guarantees.
If you wish to make a purchase for a Product or Service on the Site or to redeem a gift card(“purchase”), you must supply payment information including, without limitation, your full name, phone number, payment card number, expiration month, billing address, and delivery information.
Making a Purchase and providing your payment information, provides us authorization (or a third-party payment processor) to charge you for the total amount of the Purchase (including any applicable taxes, shipping charges and other fees). By providing this information, you allow us to provide your information to third-parties in order to facilitate the purchase
By making this purchase and providing your payment information, you represent and warrant that you have the legal right to use any credit card(s) or payment method(s) in connection with that Purchase, and that the information you provide is true, accurate and complete.
If the payment method cannot be verified, is invalid or is in any way not acceptable, your purchase may be cancelled. Purchase may proceed only after the problem is resolved. Payment information can be updated any time by logging into your account and updating your personal information.
We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: Product or Service availability problems, errors in fulfilling your order, errors in the description or price of a Product or Service, or if fraud or an illegal or unauthorized transaction is suspected.
ACCURACY, AVAILABILITY, SUBSTITUTIONS, COMPLETENESS AND TIMELINESS OF INFORMATION
Due to the nature of our fast-paced business we are constantly updating our offerings of Products and Services. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, discontinue or limit availability of products, Menus, or Services at our sole discretion. We have no obligation to update any information on our site. Due to the perishable nature of our meal ingredients, we reserve the right to substitute products and ingredients without prior notice. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. By making this Purchase, you agree to pay the then-current Purchase price. Purchases are not to be used for resale or any commercial uses.
All prices shown are in U.S. dollars and do not include applicable taxes or shipping charges (unless otherwise specified). Taxes and shipping rates may vary.
We reserve the right to adjust the menu at any time, without notice. Based on availability of ingredients, we may need to make changes in order to bring you the most fresh, best product we can.
We reserve the right to adjust delivery time frame depending on circumstances such as schedule changes, short staffing, inclement weather, or other.
TERM OF SALE- DELIVERY/CANCELLATION & SAFE HANDLING
By submitting your order, you agree to the terms of our delivery process and cancellation policy.
We deliver on Mondays by 5:00PM (no specific time is guaranteed)*. We are a contactless delivery service, leaving orders on your doorstep, ringing your doorbell and sending an email/text notification upon delivery. (Text only if you sign up on our website). You agree to take responsibility for your order once it is delivered to your doorstep.
It is recommended to retrieve your order within 30 minutes or sooner of delivery (especially during inclement weather) & refrigerate. Dish has provided a closed reusable bag to protect your delivery, but cannot be held responsible for any damage done to your order once delivery has been completed. Upon delivery confirmation notification, customer assumes all liability and responsibility for order. In the event that a reusable bag is not available, a paper bag will be used for delivery. In that event, it is highly recommended to leave a cooler bag on your doorstep for drivers to place orders in.
You are responsible for inspecting orders upon delivery for any damage or other issues upon delivery. We recommend that you immediately refrigerate all perishable meals within 30 minutes of delivery. You are responsible for the safe handling of all meals upon delivery. Failure to follow safe food handling procedures and temperature recommendations may increase the risk of foodborne illness.
If you are not available, or not be home, at the time of your delivery, your order will still be left on your doorstep. By completing your purchase, you agree by the conditions of this agreement to take responsibility for how your order is received/managed. Although orders are delivered in insulated bags, it is recommended to retrieve & refrigerate meals within 30 minutes of delivery. Dish takes no responsibility for your order once it is placed on your doorstep and your delivery confirmation is sent. We keep record of all communication.
*There may be extenuating circumstances that do not allow us to complete all deliveries by 5:00PM on Mondays. In the event this happens, we will communicate to you prior to 5:00 PM, but refunds nor credits will not be issued. At our discretion, we may extend an offer to you on a future order, but that it not guaranteed. We will do everything in our ability to make deliveries by 5:00 PM, but due to unforeseen circumstances, this may not be possible.
ACCOUNTS AND PASSWORDS
When you create an account in our Site, you must provide information about yourself that is accurate, complete, and up to date at all times. Failure to do so results in a breach of the Terms and may result in termination of your account. You are responsible for setting and safeguarding your password which is used to access our Site and Products and Services. You are responsible for ensuring your username is lawfully available for use and not trade marked, offensive, vulgar or obscene.
Your Responsibility to Protect Your Account
Dish 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. Dish will not be liable if for any reason if all or any part of the Site is unavailable at anytime or for any period. From time to time, Dish 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 Dish for losses incurred by Dish or another party due to someone else using your account or password. Dish has the right to disable any user name, password or other identifier, whether chosen by you or provided by Dish, 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.
PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You can send gift cards to other recipients by putting their email in the order information, while still providing your billing address to complete the payment.
Gift Cards cannot be redeemed for cash or transferred to another account.
Gift Cards are non-refundable.
Gift Cards do not have an expiration date.
Dish reserves the right to reverse any Gift Card purchase for any reason and return the funds to the purchaser’s Dish account.
Dish Gift Cards may not be purchased for sellers in lieu of payment for Dish items.
Dish Gift Card resale is prohibited, unless under a partnership agreement.
Dish Gift Cards cannot be redeemed for cash and have no cash value.
Dish Gift Cards cannot be used to purchase other Dish Gift Cards.
Dish Gift Cards may be purchased or redeemed by residents of the United States only.
To check the balance of a Gift Card you may email us at firstname.lastname@example.org.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may not use this Site or Services for your own commercial gain other than as permitted use of the Site or Services.
Content Posted by Other Users
Dish is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Dish be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact Dish at email@example.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Dish has the right to remove any user contributions from these Sites for any or no reason. Dish reserves the right to take necessary legal action against users.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Nutrition for Longevity, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Nutrition for Longevity and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
INTELLECTUAL PROPERTY RIGHTS
We own the intellectual property rights to the design of and information on and in the Site and the Services. This includes, but is not limited to the content, images, name of Site and Services, the graphical elements, such intellectual property is protected by laws governing copyright, trademark, proprietary rights, patent, and trade-secrets. We reserve the right to strictly enforce these intellectual property rights to the full extent of the law. Where permissible by law, you agree to pay costs and expenses, including lawyer fees resulting in any claims by us related to your violation of our intellectual property rights.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY emailing our customer service department firstname.lastname@example.org. If Dish’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Dish has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Dish agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Dish agrees that it will pay a consumer’s filing fee FOR the arbitration.
You agree TO arbitration ON an individual basis. IN ANY dispute, NEITHER CUSTOMER NOR DISH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If ANY provision of this arbitration agreement IS FOUND unenforceable, the unenforceable provision shall be severed, AND the remaining arbitration terms shall be enforced (but IN NO CASE shall there be a class arbitration).
The arbitrator shall be empowered TO GRANT whatever relief would be available IN court under law OR IN equity. ANY award of the arbitrator shall be final AND binding ON EACH of the parties, AND may be entered AS a judgment IN ANY court of competent jurisdiction. This TRANSACTION AND the arbitration shall be governed BY the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Questions about the Terms of Service should be sent to us at email@example.com Or mailed to
Dish Kitchen, LLC
421 Long Hill Rd
Gilette, NJ 07933