Terms and Conditions of Service

Last updated: September 11, 2023

Thank you for visiting Home Chef’s Terms and Conditions of Service (the “Terms and Conditions”). These Terms and Conditions affect your legal rights; please read them carefully. Note that the Dispute Resolution section below contains an arbitration provision that requires the use of arbitration on an individual basis, subject to certain exceptions. ARBITRATION MEANS THAT YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. In addition, the Limitation of Liability section below limits our liability to you and the remedies available to you in the event of a dispute.

These Terms and Conditions are an agreement between you and Relish Labs LLC d/b/a Home Chef. Along with our representatives, officers, managers, members, subsidiaries, affiliates, parent companies, employees, and agents (collectively “Home Chef” or “we” or “us” or “our”), we maintain the websites at www.homechef.com and www.tempomeals.com. These Terms and Conditions govern your use of the websites at www.homechef.com and www.tempomeals.com and the mobile applications or other online services where these Terms and Conditions are posted (collectively, the “Websites”), including the purchase of any Products (as defined below) therefrom. Unless explicitly stated otherwise, any new tools, applications, or changes that alter or improve the current Websites will be included in the definition of “Websites”. Your use of the Websites is subject to these Terms and Conditions, which you acknowledge, agree to, and consent to by using the Websites. These Terms and Conditions include our Privacy Policy, which is available at www.homechef.com/privacy-policy/ and is hereby incorporated herein by reference, as well as the Additional Terms and Conditions for Purchases/Subscriptions and the Food Safety Considerations below. These Terms and Conditions do not apply to any food, meal kits, or other Home Chef-branded items available for purchase in retail stores.

All meal ingredients, meal kits, meal kit subscriptions, food, and other products made available through the Websites are referred to herein collectively as “Products.” Please read these Terms and Conditions carefully before ordering any Products. You should print a copy of these Terms and Conditions for future reference. When using the Websites, you will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms and Conditions. We may also maintain other websites that are governed by different terms and conditions.

These Terms and Conditions may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms and Conditions. By continuing to use the Websites after we make available an amended version of these Terms and Conditions, you thereby acknowledge, agree to, and consent to such amendment. You cannot create an account with us (an “Account”) or buy our Products without agreeing to these Terms and Conditions.

Eligibility

The Websites are intended for use only by people residing in the United States of America (the “USA”). We do not accept orders from individuals outside the USA.

By purchasing Product(s) through the Websites, you represent and warrant that:

Without in any way limiting the foregoing, you may not download or export any software or technical data from the Websites, or purchase any Products from the Websites, if you are in, or a national or resident of, Cuba, Iran, North Korea, Syria, Venezuela, or any other country upon which the USA has imposed an embargo, or if you are on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department's Denied Persons List.

YOU CONSENT TO ENTERING INTO THESE TERMS AND CONDITIONS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS AND CONDITIONS IN ELECTRONIC FORM.

Accessing the Websites; Maintaining your Account; Communications with Us

You may access portions of the Websites without registering. However, to access some portions and features of the Websites, and to make purchases, you must create an Account with us and sign in to the Websites. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign in to the Websites, and you are fully responsible for all activities that occur under your Account, even when undertaken by third parties. Please immediately notify us of any unauthorized use of your Account or any other breach of security by contacting us at security@homechef.com. If you use the Websites over a mobile device, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.

By creating an Account, you agree to promptly notify us of any changes to your Account information. You also agree to receive communications from us electronically by email, text, and/or app notification regarding your Account and Products you purchase and that such communications will satisfy applicable notice requirements. Your mobile carrier’s standard message and data rates may apply.

Alerts Text Message Program

Your agreement to participate in our Alerts Text Message Program or any other Short Message Service (SMS) text message program (“SMS Program”) constitutes your agreement to these Terms and Conditions and our Privacy Policy, which apply to your use of the SMS Program. We may amend these Terms and Conditions and modify or cancel the SMS Program or any of its features without notice. We do not charge for the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator. Message and Data Rates May Apply.

When you sign-up for the SMS Program to receive text alerts related to your orders with us (“Order Alert Service”), you agree to receive informational text messages through your wireless provider to the mobile phone number you provided. You may need to confirm your consent by replying to an initial text message we send. When you sign up for the SMS Program to receive promotional text alerts (“Promotional Alert Service”), you authorize us to deliver advertisements, telemarketing messages, and/or telephonic sales calls to any mobile telephone number you have provided to us, using an automatic telephone dialing system or an automated system for the selection or dialing of telephone numbers. Consent to participate in the SMS Program is not required as a condition of purchasing any property, goods, or services. By agreeing to participate in the SMS Program, you may receive recurring text messages. You agree to provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the SMS Program prior to changing your mobile phone number.

To stop the Order Alert Service and cease receiving Order Alert Service text messages at any time, please text STOP to 97518 to cancel. You will receive a one-time opt-out confirmation text message. After that you will not receive any future Order Alert Service messages. To stop the Promotional Alert Service and cease receiving Promotional Alert Service text messages at any time, please text STOP to 84161 to cancel. You will then receive a one-time opt-out confirmation text message. You can also contact us about the SMS Program at any time from your mobile phone by texting HELP to 84161.

The mobile operators participating in the SMS Program include, but are not limited to, AT&T, Sprint, Virgin Mobile, T-Mobile (T-Mobile is not liable for delayed or undelivered messages), MetroPCS (GSM), U.S. Cellular, and Verizon Wireless. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services via the process offered through the SMS Program. Pre-paid users may not be able to participate. Please check with your mobile operator.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the SMS Program or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the SMS Program, for any errors in such information, or for any action you may or may not take in reliance on the information or service.

For additional support contact Customer Service: (872) 225-2433.

Product Colors

We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the Websites will be accurate.

Product Shipping, Subscriptions, and Return Policies

Please refer to the Additional Terms and Conditions for Purchases/Subscriptions below for more information regarding our shipping policies, refund policies, and other policies and procedures, all of which are incorporated herein by reference. The Additional Terms and Conditions for Purchases/Subscriptions include separate provisions regarding warranty disclaimers and liability limitations.

Our Intellectual Property

Home Chef and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third-party organizations, are the trademarks, service marks, names, or logos of their respective owners. You are granted no right or license with respect to any trademarks, service marks, names, or logos, including the foregoing. In addition, the look and feel of the Websites and Products, including page headers, custom graphics, button icons, and scripts, constitute our service marks, trademarks, or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Certain materials available on or through the Websites are our “Works” (i.e., content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in and to our Works and the Websites. We hereby grant you a royalty-free, limited, revocable, transferable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Websites. You may print copies of, may download extracts of any pages from, and may copy links to the Websites for your personal reference and share them for the personal use of others. You may not use any part of our Works for commercial purposes without first obtaining a license to do so from us and our licensors. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Any use of the Works other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Websites to:

Submitting Complaints and Providing Feedback

If you believe that your rights, or the rights of a third party, are being violated in any way in connection with the Websites, please contact us at content@homechef.com. Where we deem appropriate in our sole discretion, we will work to prevent harmful or unlawful activity from taking place on or through the Websites.

If, in communicating with us, you provide comments, suggestions, ideas, questions, or other information about the Products or the Websites (collectively, “Feedback”) by interacting with the Websites, email, social media, or any other means of communication, such Feedback is solely our property. You agree that we own any and all rights to such Feedback and may use such Feedback for any purpose without acknowledgment of or compensation to you.

Third-Party Websites

The Websites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Websites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies, if any. We do not endorse these websites and our Privacy Policy and these Terms and Conditions do not apply to them.

You expressly release us from any and all liability arising from your use of any third-party website, service, or content. Your dealings with those third-party websites, including payment for or delivery of goods, and any other terms, including warranties, are solely between you and those third parties. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party websites.

Release

If you have a dispute with one or more users of the Websites, or with any party who provides advertising or third-party services on or through the Websites, or with any party who provides a website linked to on the Websites, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the USA or any local law or regulation that may govern this release substantially similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

Indemnification

You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses) relating to or arising under or out of the relationship between you and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that we have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and

Notice For California Users

Under California Civil Code § 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Websites, you may email us at support@homechef.com, call us at (872) 225-2433, or write to Home Chef, ATTN: Customer Service, Relish Labs LLC d/b/a Home Chef, 433 W. Van Buren St., Ste. 750N, Chicago, Illinois 60607. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Warranty Disclaimers

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND CONTENT OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.

WE MAKE NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE WEBSITES' CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR (v) THE WEBSITES, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, THE WEBSITES, OR INFORMATION WE PROVIDE YOU, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING THE WEBSITES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver

ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE WEBSITES, PRODUCTS, INCLUDING ANY PURCHASES OR SUBSCRIPTIONS MADE THROUGH THE WEBSITES, OUR PRIVACY POLICY, OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

BOTH YOU AND WE AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND US REGARDING THE WEBSITES, PRODUCTS, OUR PRIVACY POLICY, THESE TERMS AND CONDITIONS, or otherwise through BINDING INDIVIDUAL ARBITRATION OR IN YOUR LOCAL SMALL CLAIMS COURT IF YOUR CLAIM MEETS ITS JURISDICTIONAL REQUIREMENTS. IF YOU CHOOSE ARBITRATION, THAT MEANS YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL, THE RIGHT TO HAVE OUR DISPUTE HEARD IN COURT, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Applicable Law. Any dispute, whether submitted to arbitration or otherwise, under these Terms and Conditions will be governed by the laws of the State of Illinois without regard to its choice (or conflict) of laws rules.

Governing Law; Interpretation and Enforcement. The arbitration agreement contained in these Terms and Conditions is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including the class action waiver. State arbitration laws do not govern in any respect. Further, you and we each agree that these Terms and Conditions evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator is empowered to grant whatever relief would be available in a court under law or in equity.

Arbitration Proceedings and Rules. The following rules and procedures shall apply to any arbitration:

Commencing an Arbitration. A party who wishes to commence an arbitration must submit a Demand for Arbitration and a copy of these Terms and Conditions to the AAA at http://adr.org and must also give notice to the other party. If the notice is being sent to us, it must be emailed to legal@homechef.com. associated with your Account.

Arbitration Fees and Costs. If you commence an arbitration in accordance with these Terms and Conditions, you will be required to pay a filing fee in accordance with the AAA’s Consumer Arbitration Rules. You will not be responsible for paying any fees for the arbitration other than the filing fee; we will pay all other fees or expenses charged by the AAA.

You and we each agree that the AAA has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and you and we further agree not to oppose any modifications to the amount or timing of any fees due — provided that such modifications do not increase the fees to either you or us.

Attorneys’ Fees. You are responsible for your own attorneys’ fees; we will not pay any of your attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.

Delegation; Interpretation. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions is void or voidable. This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms and Conditions.

Class Action Waiver. Both you and we waive the right to bring any dispute regarding your use of the Websites, Products, including any purchases or Subscriptions made through the Websites, our Privacy Policy, or these Terms and Conditions as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else concerning any such dispute.

Notwithstanding any provision in the AAA’s rules and procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of the dispute resolution procedure contained in these Terms and Conditions will be null and void.

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver contained in these Terms and Conditions by doing the following: within 15 days of creating your Account, you must send a letter to Home Chef, Attn: Legal Department, 433 W. Van Buren St., Suite 750N Chicago, IL 60607 that specifies (i) your name, (ii) the email address associated with your Account, (iii) your mailing address, and (iv) your request to be excluded from the final, binding arbitration procedure and the class action waiver contained in these Terms and Conditions. All other provisions of these Terms and Conditions shall continue to apply to you and your Account. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will be effective and enforceable only if you can prove that the request was postmarked within the applicable 15-day period.

Termination of Service

You agree that we may, without prior notice, immediately terminate, limit your access to, or suspend your Account based on any of the following: (i) breach or violation of these Terms and Conditions; (ii) upon request by law enforcement; (iii) unforeseeable technical or security issues or problems; (iv) extended periods of inactivity; or (v) fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to the Websites or our business interests. You agree that termination, limitation of access, and/or suspension will be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.

Miscellaneous

These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Websites, purchases made thereon, and any subscription entered into or agreed to thereon (a “Subscription”).

These Terms and Conditions supersede any prior agreements between you and us with respect to the Websites and purchases and Subscriptions made thereon.

We each acknowledge that in entering into these Terms and Conditions neither of us relies on any representation or warranty that is not set out in these Terms and Conditions or the documents referred to herein.

These Terms and Conditions and the rights, benefits, and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties' respective attorneys, will be deemed the drafter of these Terms and Conditions for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms and Conditions, there are no third-party beneficiaries of these Terms and Conditions. For clarity, our representatives, officers, managers, members, subsidiaries, affiliates, parent companies, employees, and agents are intended third-party beneficiaries of these Terms and Conditions.

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions.

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be invalid, you and we agree that the court or arbitrator should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Unless otherwise expressly stated herein, the laws of the USA and the laws of the State of Illinois, without regard to the principles of conflicts of laws, will govern these Terms and Conditions, your use of the Websites, and all matters relating to your access to and/or use of the Websites, including all disputes between you and us. You also agree that the Websites will be deemed solely based in Illinois.

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

Unless otherwise set forth herein, all notices given by you to us must be given to Relish Labs LLC d/b/a Home Chef at support@homechef.com. We may give notice to you at the e-mail or postal address you provide to us when placing an order, at any other e-mail or postal address specified in your Account, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on the Websites, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Additional Terms and Conditions for Purchases/Subscriptions

Subscriptions

YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION PLAN YOU WILL BE CHARGED INITIALLY AND THEREAFTER ON THE PERIODIC RECURRING BASIS THAT YOU CHOOSE (E.G., WEEKLY) FOR THE NUMBER OF MEALS AND SERVINGS THAT YOU CHOOSE. YOU ACKNOWLEDGE THAT UNLESS YOU MODIFY YOUR RECURRING DELIVERIES (EACH, A “DELIVERY”), YOU WILL RECEIVE THE DEFAULT PRODUCTS SELECTED BY US FOR YOU BASED ON YOUR ACCOUNT SETTINGS AND OTHERWISE AND THAT THE PERIODIC CHARGES FOR YOUR SUBSCRIPTION WILL VARY BASED ON THOSE DEFAULT SELECTIONS. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE YOU WILL PAY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOU ALSO ACKNOWLEDGE THAT IF YOU WERE OFFERED PROMOTIONAL PRICING OR OTHER SUCH PROMOTIONAL TERMS, THE PERIODIC CHARGES FOR YOUR SUBSCRIPTION WILL INCREASE OR OTHERWISE CHANGE UPON TERMINATION OF SUCH PROMOTIONAL TERMS.

You may modify your Subscription (e.g., the number of meals per Delivery, the number of servings, or the Products included), pause your Subscription, skip a Delivery, change your payment method, or cancel your Subscription at any time online (while logged into your Account) or by sending a request by email to support@homechef.com. Such requests will not affect charges submitted before we could reasonably act on such requests. The amount you will be charged for each Delivery, including estimated shipping costs, is reflected in your Account and changes based on selections you make. Deliveries are considered final at 12:00 p.m. Central Standard Time on the Friday before the Delivery is scheduled to arrive (the “Deadline”), and you must pause, skip, or cancel prior to the Deadline to not be charged for such Delivery. If you pause, skip, or cancel after the Deadline, you will receive the next Delivery and will not be refunded any portion of the amount paid for such Delivery. You can resume or re-subscribe at any time after you pause or cancel your Subscription, but we reserve the right to refuse re-subscription in our sole discretion.

We reserve the right in our absolute discretion to terminate or not renew your Subscription at any time without giving any reason for our decision.

If you elect to skip a Delivery or Deliveries, that does not permanently pause or cancel your Subscription. If you do not return to the Websites to skip additional Deliveries or take additional action, you will receive and be billed for the first Delivery you have not skipped at the Deadline. Your Delivery will cover only the Products whose dispatch we have confirmed in your Account. We will not be obligated to supply any other Products that may have been part of your Delivery unless the dispatch of such Products has been confirmed in a separate confirmation.

When you sign up for a Subscription with us, you consent to receive emails about exclusive offers, weekly menus, and news at Home Chef. You may unsubscribe from promotional emails in your Account settings at any time.

Vouchers, Discounts, and Gift Cards

We may offer gift cards, discount promotions, referral credits, and other types of vouchers (each, a “Voucher”; collectively, “Vouchers”), which must be activated on the Websites at www.homechef.com to be redeemed. If paid for, the Voucher is deemed to have been sold at the time it was paid for. These Terms and Conditions will become applicable as between us and the holder or owner of the Voucher (each, a “Holder”) when the Holder purchases, uses, accepts, or redeems the Voucher on the Websites. Other terms apply; see https://support.homechef.com/hc/en-us/requests/new.

Each Voucher:

To see specific terms for your Voucher, review your Voucher terms or see https://support.homechef.com/hc/en-us/requests/new. If the terms of the Voucher conflict with the terms on the Websites, the terms on the Voucher control. There is no cash value to any discount or referral credit received through a Voucher. We reserve the right to withdraw or cancel any Voucher (other than a consumer funded gift card not subject to fraud) for any reason at any time. Unless otherwise explicitly stated, all promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one (1) per household address.

Referrals

You agree to share your Home Chef referral link or code with your own personal connections only via email, text, your own social media accounts, and personal blogs where you are the primary content owner. Public distribution on sites where you are not the primary content owner - e.g., our social media pages and third-party coupon websites - is not allowed. We reserve the right to suspend your Account and/or revoke any and all referral credits at any time if we believe the credits were inappropriately earned. Intended for Home Chef classic subscription; maximum value of $59 applied. Credits will be automatically applied toward future Deliveries and must be used within 90 days of issue.

Valid for new customers only. Referral credit limited to one (1) per new household address, and cannot be combined with any other Home Chef offers, promotions, or discounts. Your promotional discount recipient can freely choose to skip or cancel future deliveries free of charge once they redeem their referral credit.

Risk and Title

Once the Products are delivered to you, ownership and the risk of loss thereof passes to you. Following delivery, you, and not Home Chef, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the Products. By ordering any of our Products, you agree to use the Products at your own risk.

Price and Payment

The prices for our Products and shipping thereof, if any, will be as quoted on the Websites from time to time, except in cases of obvious error. Applicable sales taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on the Websites.

Payments must be made by American Express, Visa, MasterCard, Discover, or PayPal. We reserve the right to change the available payment methods at any time. At the Deadline for each Delivery, we will immediately charge your credit card, debit card, or PayPal account. Thereafter, we will not charge your credit card, debit card, or PayPal account for subsequent Deliveries until the Deadline applicable to those Deliveries.

By providing a credit card or other payment information, you represent and warrant that you are authorized to use such payment method and you authorize us (or our third-party payment processor) to charge your payment method for amounts due, including any applicable taxes and other charges.

Although we make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors, or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Websites is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, we have the right, in our sole discretion, to reject or cancel any orders placed for that Product. In those circumstances, if your credit card, debit card, or PayPal account has already been charged, we will issue a credit to your credit card, debit card, or PayPal account within a commercially reasonable amount of time.

Order Limitations

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

Our Refund Policy

After you accept delivery of a Product from us, if you are not 100% satisfied with the Product (because it is defective or otherwise), you may request a Home Chef credit redeemable through your Account for the future purchase of a Product of equal value thereto (a “Credit”) or a refund therefor within seven days of delivery by sending an email to support@homechef.com. If part of a Product is defective, we reserve the right to decide in our discretion whether we will provide you with (i) a Credit or a refund in an amount equal to the value of the defective portion(s) or (ii) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than $100, and we reserve the right to reject requests deemed to be fraudulent.

If you refuse a Delivery because you skipped, paused, or canceled the Delivery prior to the Deadline, and you are able to provide documentary evidence of such skip, pause, or cancellation (for instance, a time-stamped email), we will process a Credit or a full refund (including any applicable shipping charges) as soon as practicable and, in any case, within 30 days of your skip, pause, or cancellation request.

If you refuse a Delivery for any other reason, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount thereof), by phone or e-mail. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.

We usually provide refunds using the same method that you used to pay for your purchase.

Limited Product Warranty; Product Disclaimers; Liability Limitation

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR OTHERS CONSUMING THE PRODUCTS MAY HAVE AND ENSURING THE PRODUCTS ARE COMPATIBLE WITH THOSE FOOD ALLERGIES PRIOR TO CONSUMPTION. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT OUR PRODUCTION FACILITIES PROCESS PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR AMONG PRODUCTS.

We warrant to you that any Product purchased from us through the Websites will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for the purposes for which products of that kind are commonly supplied. If you feel that we have not met the warranty stated in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THE WEBSITES WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. Nothing herein excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Events Outside Our Control

We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event” or “FME”).

A FME includes any act, event, happening, non-happening, omission, or accident beyond our reasonable control and includes in particular the following:

Our performance under any Delivery is deemed to be suspended for the period that the FME continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the FME to a close or to find a solution by which our obligations under the Delivery may be performed despite the FME.

Availability and Delivery

Your Delivery will be fulfilled by your selected date absent the occurrence of a FME. If there is a FME, we are not liable for the cost of any compromised or failed Deliveries; however, we reserve the right to refund to you all or part of the price of any such compromised or failed Deliveries as we see fit. You agree to receive text messages from our delivery partner regarding your Deliveries. Your mobile carrier’s standard message and data rates may apply. You may opt out of these text messages at any time using the instructions included therein.

Food Safety Considerations

You are responsible for the safe handling of all Products upon delivery. We recommend immediately inspecting all Products you receive from us for any defects or other issues, and to determine freshness upon delivery. We pack all shipping containers with insulated liners, gel packs, and/or other items intended to ensure Products are kept in a refrigerated, cold environment during transit, but cannot guarantee that handling during delivery will not shift Products or damage the shipping container or its contents and compromise the refrigerated, cold environment. Therefore, upon receiving your Home Chef box, you should always promptly inspect all Products contained in your Delivery to confirm that the meal ingredients arrived in a cool, refrigerated condition and the shipping container and its contents are not otherwise visibly damaged. We recommend that you use a food thermometer to ensure that the Product temperatures within the container for any meat, poultry, seafood, dairy, and cut produce Products are 40° F or below. In the unlikely event the meat, poultry, seafood, dairy, and/or cut produce Product temperatures are found to be above 40° F, or you have any other reason to believe that any other Product in your Delivery is not suitable for consumption, immediately contact us at support@homechef.com and then discard the Product(s).

To maintain the quality and safety of the Products, we recommend that you refrigerate all perishable Products upon delivery and follow all U.S. Department of Agriculture (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling. You agree to follow all cooking instructions outlined in the recipe cards and use a food thermometer to verify that the cooking temperatures of all meat, poultry, seafood, and other applicable items meet the USDA’s minimum internal cooking guidelines. We also recommend that you wash all fresh produce under running water prior to using. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s (“FDA”) recommendations on food consumption for at-risk groups.

All our production facilities actively store, portion, and distribute ingredients that contain all eight major food allergens as determined by the FDA (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). While we take precautions to reduce the risk of cross-contamination between ingredients, cross-contamination may unintentionally occur during production and transit which may cause Products to contain some or all of those allergens. Eggs, fish, shellfish, and soy are allergens that are commonly found in many ingredients, especially some of the sauces that may be used in our recipes (fish sauce, Worcestershire sauce, etc.). You are solely responsible for identifying and understanding all food allergies you have and evaluating whether or not to consume the Products based on that knowledge. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information we provide may differ from published nutritional information.