Terms Agreement

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Effective Date: May 15, 2018

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Welcome to My Little Lunch Box

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My Little Lunch Box is a subscription service that provides wholesome and locally produced kids meals. All our ingredients are sourced from the highest quality farmers and purveyors. All our meals are prepared, cooked and packaged in our kitchen in Brooklyn then delivered 2 times a week straight to your door. When your meals arrive, just refrigerate and reheat if desired.

These terms and conditions set forth the agreement between you, the subscriber (“you”), and My Little Lunch Box (the “Company” “we” or “us”), with respect to your use of this website, including the blog (the “Site”), and our subscription meals service (the “Service” or “My Little Lunch Box Service”). Please review this Terms and Conditions Agreement (the “Terms”) carefully. If you do not agree to be bound by these Terms, you may not use the Site or Service; conversely, by using the Site or subscribing to our Service, you agree to be bound by these Terms. We reserve the right, at any time and from time-to-time, to update, revise, supplement and/or otherwise modify these Terms. If we amend or supplement these Terms, we will notify you when you next log in to your account with us. Your continued use of the Site and Service following such notice will indicate your acceptance of any such amendments or supplements.

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Privacy

We are committed to protecting the privacy of the personal information you share with us. Our Privacy Policy is incorporated into these Terms. You can review it under the PRIVACY POLICY section or link on our Site.

 

Nutritional Disclosures

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We create meals to help you meet the health and nutrition needs of kids.

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Our current facilities are not allergen free. Our facilities may contain peanuts, tree nut, coconut, shellfish, dairy, eggs, fish, soy and wheat. We will never knowingly include artificial flavors or colors, trans fats, partially hydrated oils or high fructose corn syrup (HFCS) in our products.

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The Company does not provide dietary advice or medical advice in connection with the My Little Lunch Box Site or Service. The material on this site is for information purposes only and does not constitute advice of any kind. We are not engaged in providing professional medical advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. You should seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. You should not disregard the professional medical advice you are given from your physician or other qualified healthcare provider or delay in seeking it because of the material you have read or received on this site or the Company’s Services, or other communications you receive from us. You should always consult with your physician or other healthcare professionals before adopting any dietary advice. The My Little Lunch Box Service may include ingredients to which your child is allergic. You should always check the complete ingredients list to avoid potential allergic reactions. If you suspect that your child may be allergic or has an allergic reaction or is having some other adverse health event, immediately contact your healthcare provider or call 911 in the event of a medical emergency.

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Payment Information

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Credit Card Authorization

When you subscribe to our Service and select a weekly subscription plan (a “Plan”), you authorize us (through our third party payment processor) to charge you, using the credit card information you provide on our payment page, for that Plan (and any additional items or services you may elect to add) on a weekly basis. We accept most major payment cards (debit, credit, rewards) such as, Visa, MasterCard, American Express, Discover, etc., as forms of payment for our Service. We are not able to process any other forms of payment. When you subscribe, we will automatically deduct payments after the Cutoff Date and prior to your shipment day for each Plan week, unless, no later than the Cutoff Date, you use our “skip a week” feature or you cancel your subscription.

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Changes/Cancellation

You acknowledge that changes to your Plan, cancellation of your subscription, pausing of your subscription or requests to “skip a week” cannot be made after the Cutoff Date for the upcoming week of shipments. Each time you log into your account and make selections or changes to your Plan, you reaffirm the foregoing authorization for My Little Lunch Box to charge your credit card for your Plan and any additional items you elect to purchase.

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Refunds/Credits

If your package arrives damaged beyond normal shipping wear and tear, please contact us at contact@mylittlelunchbox.com or (646) 584-0041 within 24 hours following receipt of your package, and we will determine in our discretion if a replacement package or refund is appropriate based on the information you provide. If you believe that the meal(s) or the food packaging itself has been compromised, DO NOT serve any of the meals from your package and contact us immediately and no later than 24 hours following receipt of your package. Refunds to your original form of payment or a credit to your My Little Lunch Box account ONLY will be issued. Any credits issued to your account may be used to offset the cost of your weekly Plan or to purchase additional meals. All credits issued to a My Little Lunch Box account must be used within 90 days of the date of issuance.

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Gift Cards

My Little Lunch Box in its sole discretion may offer gift cards that allow you to give the gift of a limited-time subscription to a friend. If you are the recipient of a gift card, in order to redeem it, you must create an account and in so doing, agree to be subject to these Terms. If you wish to continue your subscription after your gift card has expired or the value is exhausted, you will need to provide valid credit card information. Gift cards are not redeemable for cash and unfortunately we cannot replace lost or stolen gift cards. Sales of gift cards are final. From time to time we may also offer promotions, which have unique or specific terms. In those cases, the terms of such promotion shall be deemed to be incorporated into these Terms by reference.

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Promotions

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Promo codes.

From time to time, we provide promotional codes that offer new customers a finite amount of money off of their first order. If you wish to redeem a promo code, you must create an account and in so doing, agree to be subject to these Terms and any additional terms that we establish for such promotional code. You will also be required to enter valid credit or debit card information in order to redeem a promo code. Promo codes must be entered into your payment information before the order cutoff date and time of your first order to be valid. Unless otherwise specified, the promo codes must be used on the customer’s first order, cannot be combined with any other promo code or offer (including credit from the Refer A Friend promotion) and cannot be split between multiple orders. Promo codes may not be duplicated, sold or transferred, are not valid for cash and may expire before your use. My Little Lunch Box determines the value of the promo code. My Little Lunch Box reserves the right to change or end promo codes, their value and their terms at any time. My Little Lunch Box owns all rights in and to any promotional code provided to you, and you acknowledge and agree that you have no ownership rights in any form in such codes. You acknowledge and agree that My Little Lunch Box may limit the number of codes available to you and deactivate or terminate any code at any time in My Little Lunch Box’s discretion.

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Refer A Friend.

We offer a Refer A Friend promotion that allows current customers to invite their friends to try My Little Lunch Box via email and social media. The current customer that invites their friend to try My Little Lunch Box (the “referrer”) will receive a $19,98 (value of 2 little lunch boxes) credit towards their next order for each friend who creates a new My Little Lunch Box account (the “referred user”) and completes at least one order from My Little Lunch Box. The referred user must have never previously created a My Little Lunch Box account. The referrer will receive this $19,98 credit only if the referred user created their My Little Lunch Box account using the original link sent by the referrer. The invitations sent from the referrer to the referred user expire after 90 days. There is no limit to the number of credits or the number of referred users that a referrer can accrue. The referred user cannot combine the referral credit with another promo code. If the referred user applies an additional promo code where the value is greater than the Refer A Friend credit, the greater value will be used for the first order, and the referrer will still receive their referral credit as long as the referred user creates their account through link provided by the referrer. Refer A Friend credits may not be duplicated, sold or transferred and are not redeemable for cash. My Little Lunch Box reserves the right to withhold or deduct Refer A Friend credits in the event that My Little Lunch Box determines or reasonably believes that the receipt of the Refer A Friend credit was in error, fraudulent, illegal or in violation of these Terms and any other applicable terms.

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Pricing

My Little Lunch Box reserves the right to adjust prices in its sole discretion, provided however that any price adjustments will be shown on the order subscription page of the Site at least six (6) days prior to such change becoming effective. Your order confirmation will reflect price changes applicable to your order. You are responsible for checking your order confirmations. Any applicable taxes, shipping or other fees are in addition to the Plan charges. Once we have provided notice through your account of a price change, your continued use of the Service constitutes your authorization of such price change and your agreement to pay those charges.

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Our Foods

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Our foods are made from scratch and always to order. We ship our meals cold on purpose but never frozen. They will arrive ready-to-eat. We offer cuisines that span the world, continually expanding your child’s palate. We are committed to sourcing and producing the highest quality products, which start with using the best, freshest ingredients; meats that are all natural, antibiotic-free and hormone free; fish that is fresh caught or sustainably farmed with Marine Stewardship Council, Best Aquaculture Practices or Aquaculture Stewardship Council certification; vegetables and produce that are local, fresh, in-season and organic whenever possible; and ancient, heirloom or whole grains grown with smart soil-enriching practices.

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Substitutions.

Given the nature of our Service and our quality requirements, the specific food items you select are always subject to availability. If selected foods or ingredients become unavailable as the result of market conditions beyond our reasonable control, we reserve the right to substitute menu items and or ingredients of comparable quality and nutritional content.

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Limited Quantities.

From time to time, a known scarcity of a particular food may cause us to limit the number of items containing that particular food that any individual subscriber can order, to help ensure some availability of that item for more subscribers. We reserve the right to impose these limits in our sole discretion. We are not responsible for unavailability of product due to popular demand.

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Delivery and Risk of Loss

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Risk of Loss.

Title to the food products shipped to you passes at the time of delivery to the address as listed on your account. As these products are perishable, we cannot guarantee the condition of the food products if the delivery is delayed, has to be re-routed or is held for pick-up beyond the scheduled delivery date and time.

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Delivery Timing.

We deliver on Mondays and Wednesdays within the time slot you have set on your account.

If you’re not home when we deliver we will leave the food at your door.  Our boxes travel in cold storage so the food stays fresh during the short trip from our facility to you.  We highly recommend putting the food in your fridge as soon as you receive it.

Shipments are scheduled to be delivered to customers during the time slot requested in their account. It is your responsibility to receive and inspect the shipment when it arrives to confirm that it arrived in good condition.

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In the event that delivery is delayed as the result of weather or other impediments beyond our reasonable control, we may have to reschedule and/or cancel specified delivery dates. If we cannot reasonably make your delivery at or before the scheduled date/time, we may, in our sole discretion, offer you a credit or refund instead. If you are not at home when your delivery arrives, we will contact you and do our best to reschedule during the same day. If a delivery cannot be made because you were not present to accept the delivery, we consider your delivery forfeit.  You will be able to provide additional delivery instructions when you subscribe to our Service, 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. The delivery address that you provide when you subscribe to our Service will be your default address for shipments. The Company will deliver your shipment to an alternative address upon request as long as (1) the request is made prior to the Cutoff Date and (2) the alternative address is within a geographic area where we provide our Service. The Company will continue to ship deliveries to the alternative address provided until you notify us otherwise. You are solely responsible for providing the correct delivery address for shipments. The Company will not offer any refunds or credits and takes no responsibility for refused, returned, misaddressed or lost packages due to inadequate delivery instructions or your failure to select the correct delivery address.

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Online Content

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Site Material.

The Site Material is proprietary to My Little Lunch Box and is protected by copyright under both United States and foreign laws. My Little Lunch Box authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material is a violation of the Company’s rights under copyright, trademark and other laws. You may not sell or modify our Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site is prohibited.

Trademarks. The name My Little Lunch Box and our logos included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to My Little Lunch Box or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and we make no claim to ownership of those marks. By way of example, Facebook® is a registered trademark of Facebook, Inc., and Twitter ® is a registered trademark of Twitter, Inc.

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Your Submissions.

We welcome your comments on our Site, products and Service. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Submissions”) the Submissions shall be deemed and shall remain My Little Lunch Box’s property. By submission of any Submissions to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

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Prohibited Acts.

As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (2) send material that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (5) send sexually-explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in termination of your subscription and prohibited access to the Site.

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NO WARRANTY

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MY LITTLE LUNCH BOX DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS. MY LITTLE LUNCH BOX, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH MY LITTLE LUNCH BOX STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

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Limitation of Liability/Disclaimer of Consequential Damages

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YOU ACKNOWLEDGE AND AGREE THAT MY LITTLE LUNCH BOX’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE OR OUR SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.IN NO EVENT SHALL MY LITTLE LUNCH BOX, ITS AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY LITTLE LUNCH BOX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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Links

This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by My Little Lunch Box of the contents on those other sites. My Little Lunch Box  is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk.

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Indemnity

By using this Site, you agree to defend, indemnify and hold harmless My Little Lunch Box, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that My Little Lunch Box may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. My Little Lunch Box reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

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Resolving Disputes

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our Customer Experience Team at (646) 584-0041 or contact@mylittlelunchbox.com. You agree that, in the event that a dispute or claim arises out of or relating to these Terms or the Company’s Privacy Policy, you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after the Company receives notification from you that a dispute exists, all parties shall join in mediation services in New York, New York with a mutually agreed mediator in an attempt to resolve the dispute.

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Miscellaneous

This Site originates from the United States of America. My Little Lunch Box does not claim that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

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These Terms are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New York with respect to any dispute, disagreement or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms constitute the entire agreement between you and My Little Lunch Box with respect to your use of this Site and our Service.