Terms of Service
Updated and Effective April 21, 2019
These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the website on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms of Service on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms of Service.
The website is not targeted toward or intended for use by anyone under the age of 18. By using the website, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the website, (d) have not created or do not have more than one MenuBubble account, unless expressly permitted by MenuBubble, and (e) have full power and authority to enter into these Terms of Service and in so doing will not violate any other agreement to which you are a party.
We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our Website or Meal Products (collectively, "Test Features"). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
Registration, Account and Communication Preferences
To access and use certain areas or features of the website, you will need to register for a MenuBubble account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the website or your account. You further understand and agree that MenuBubble may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a MenuBubble account, you also consent to receive electronic communications from MenuBubble (e.g., via email or by posting notices to the website). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through the website or in connection with your order(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of MenuBubble, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Meal Product(s). It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
Terms of Sale
Meal Plans; Continuous Subscriptions; Cancellation Policy
Meal Plans. We offer different subscription plans for our meals (each, a “Meal Plan”). The number of meal servings (i.e., an individual meal portion) you receive and the amount you are charged may vary from week to week depending on the dietary preferences and other selections you make. For example, we may provide you with greater flexibility to choose the number of meal servings you receive each week. If your Meal Plan changes, the applicable weekly Meal Plan price may also change. Changes to your Meal Plan, or other choices you may make (such as the number of meal servings you receive), may also result in changes to any applicable shipping and handling charges and meal delivery times. If we change the prices or other charges associated with our various Meal Plans, we will provide you with notice of such changes, such as by email or a notice posted on our website. The fees for the Meal Plans can be found on your Plan Settings page and may be subject to change in the future. For more information about our Meal Plans, please visit the How It Works page on our website and our FAQs. Note that currently only delivery within the Greater Lansing Area, MI.
Continuous Subscriptions. WHEN YOU REGISTER FOR A MEAL PLAN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MENUBUBBLE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL PLAN (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEAL SERVINGS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, (C) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR APPLICABLE PRODUCTS IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND (D) MEALS MAY BE ELECTED ON YOUR BEHALF IF NO MEAL SELECTION HAS BEEN MADE VIA MENUBUBBLE'S EMAIL CORRESPONDENCE. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AT ANYTIME 2 WEEKS EVERY MONTHS BY LOGGING INTO YOUR ACCOUNT AND CLICKING "MANAGE SUBSCRIPTION" UNDER ACCOUNT DETAILS OR REQUESTING A "PAUSE" VIA OUR "CHAT WITH US" MESSENGER ON THE WEBSITE OR VIA EMAIL -- CUSTOMERSERVICE@MENUBUBBLE.COM. FOR MORE INFORMATION ABOUT OUR PRICING AND BILLING POLICIES RELATED TO MEAL PLANS, PLEASE VISIT THE HOW IT WORKS PAGE ON OUR WEBSITE AND OUR FAQS.
Cancellation Policy. YOU MAY CANCEL YOUR MEAL PLAN(S) ONLINE AT ANY TIME BY EMAILING CUSTOMERSERVICE@MENUBUBBLE.COM OR VIA THE "CHAT WITH US" MESSENGER ON THE WEBSITE. ANY MEAL ORDER(S) THAT HAVE ALREADY BEEN CHARGED ON YOUR ORDER HISTORY PAGE, HOWEVER, CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER IDENTIFIED AS "PROCESSING" OR "SHIPPED" PRIOR TO THE CANCELLATION OF YOUR MEAL PLAN.
Meal Purchases. MenuBubble offers meal on a non-subscription basis through our website (each, a "Meal Purchase"). For purposes of these Terms of Service, Meal Purchases exclude meals offered by MenuBubble, as described below.
Third Party Purchases. From time to time, certain of our Meals may be offered through a Third Party Channel (each, a "Third Party Purchase"). Your use of or interaction with any Third Party Channel are solely between you and the third party. MenuBubble does not control or endorse, and makes no representations or warranties regarding, any Third Party Channel. Third Party Channels may impose their own terms, policies or processes ("Third Party Terms"), separate from these Terms, and you should carefully review those Third Party Terms. Your access to and use of such Third Party Channels and your acceptance of Third Party Terms is at your own risk.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Meal Plan, purchase of a No-Subscription meal, or account, as applicable, you remain responsible for any uncollected amounts and, with respect to your Meal Plan or No-Subscription meal(s), authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Meal Plan, purchase of a No-Subscription Meal(s), or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices on our Sites are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various subscription meal plans, we will provide advance notice of such changes in accordance with Section: Registration, Account and Communication Preferences. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of meals, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section: Cancellation Policy, as applicable.
All of our Meals and Meal Plans are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Meals and to substitute Meals (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Meals, and given the perishable nature of certain Meals and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com.
Taxes. We will collect applicable sales, use and other tax (collectively, "Tax") on Meals shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
Delivery. You are responsible for inspecting all Meal products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Meals you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other Meal in your delivery or purchase is not suitable for consumption, contact us at firstname.lastname@example.org, or the applicable Third Party Channel, and discard the item. To maintain the quality and integrity of the Meal Products, we recommend that you immediately refrigerate all perishable Meal Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. 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 recommendations on food consumption for at-risk groups, which can be found here.
If you are not at home when your meal delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. In certain areas, you may be able to provide additional delivery instructions when setting up your MenuBubble account or making an order, 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.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your meals is not feasible, we may cancel your meal delivery for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that meal delivery.
No Resale. You are not permitted to resell or otherwise use the Products for commercial purposes.
Returns, Replacements, Refunds, and Credits
If you are dissatisfied with a meal or meal ingredient ordered on our website for any reason, please contact us at email@example.com within seven (7) days of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal or meal ingredient at our expense, provide you a full or partial refund of the purchase price for that meal, or provide you with Credits for that meal that will automatically be applied to future deliveries under your Meal Plan or Meal Purchases, as applicable. Notwithstanding the foregoing, Credits for certain types of Meal Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
License to Users
MenuBubble grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
All content made available through the Services, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of MenuBubble or individual Users and is protected by United States and international intellectual property laws.
While using the Services, Users may post photos, text, graphics, logos artwork and other materials (collectively, "User Content"). Users grant MenuBubble a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and MenuBubble, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
Each User agrees to defend, indemnify and hold harmless MenuBubble, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. MenuBubble may assume the exclusive defense and control of any matter for which Users have agreed to indemnify MenuBubble and each User agrees to assist and cooperate with MenuBubble in the defense or settlement of any such matters.
MENUBUBBLE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MENUBUBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow MenuBubble to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then MenuBubble's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, MenuBubble does not disclaim liability for: (a) fraudulent misrepresentation or intentional misconduct; or (b) any liability which it is not lawful to exclude either now or in the future.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their account by following the instructions on the Services, but MenuBubble may retain the account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree MenuBubble may provide notifications to Users via email, text message, written or hard copy notice, or through conspicuous posting of notices on our website. Users may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between each User and MenuBubble regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. MenuBubble's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
MenuBubble may alter the Terms at any time, so please review them frequently. If a material change is made, MenuBubble may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at MenuBubble’s sole discretion, in good faith, and using common sense and reasonable judgment.