Terms of Service

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY NAVIGATING ACROSS THE WEBSITE (“SITE”), OR THE SIMPLE FEAST MOBILE APPLICATION “APP”), THAT REFERENCES THESE TERMS, YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE WEBSITE OR THE APP.

You may not access the Site or App if you are our direct competitor, except with our prior written consent. In addition, you may not access the Site or the App for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Effective Date October 1, 2020

1 Definitions.

1.1 “App” means the Simple Feast mobile application which can be downloaded via the Apple or Google app store, which provides Simple Feast’s food subscription and delivery service.

1.2 "Simple Feast," "We," "Us," or "Our" means Feast Kitchen US Inc. or its subsidiaries or affiliates, including the Feast Kitchen company(s) providing services to you, as applicable.

1.3 "Service" means the Site or App, any and all content, software, data, information and materials contained therein, and all transactions completed thereon.

1.4 “Subscribers” means individuals who have signed up for Simple Feast food delivery service.

1.5 "Third Party Content" means certain third party analysis, content, tools, features, materials, websites, services or advertisements which Simple Feast makes available on or through this Service, or to which Simple Feast links on any Site or App.

1.6 "Users" means individuals who are authorized by us to use the Site, App, or Service. Users may or may not be Subscribers.

 

2. Binding Agreement.

2.1 All other terms and conditions on this Site or App that govern particular features of the Site or App (the "Additional Terms") are incorporated into the Terms by this reference. The Terms and any Additional Terms (collectively, the "Agreement") sets forth the terms and conditions which govern your access to and use of the Site or App. The Agreement sets forth the entire, final and exclusive agreement between Simple Feast and you with respect to your use of, and access to, the Service, and supersedes all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Service. This Agreement is effective between you and Simple Feast as of the date of your acceptance of this Agreement.

2.2 By using the Service, you agree to transact electronically through the Site and/or App. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

2.3 By providing your telephone number and/or e-mail address, you are providing express written consent to receive communications from Simple Feast, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to marketing various services from both Simple Feast and companies Simple Feast has joint marketing agreements with. Additionally, you agree to receive communications from Simple Feast regarding any service, and any information you may have obtained via your use of a website or application. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list you agree that Simple Feast is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

3. Our Proprietary Rights.

3.1 As between Simple Feast and you, and subject to your right, title and interest in data you submit through this Service or otherwise provide or submit to Simple Feast, Simple Feast owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, Simple Feast reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Simple Feast and to comply with all reasonable written requests made by Simple Feast or its third party licensors to protect their and others' rights in the Site and/or App and materials and content made available on or through the Service.

3.2 Our trademarks and service marks are the property of Simple Feast. Simple Feast's trademarks and trade dress may not be used in any form without the prior written consent of Simple Feast, and any use shall be subject to Simple Feast's then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by Simple Feast that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Simple Feast.

4. Terms Applicable to Subscriptions

4.1 Generally.

4.1.1 Subscribers may sign up for a food delivery subscription via the Site or via the App. As part of the subscription, Subscribers may choose which pre-planned combination of foods (each a “Box”) to be delivered, and the delivery rate of the Box.

4.1.2 Subscribers can change their subscription at any time, including changing the delivery rate for Boxes or pausing or cancelling a subscription. Subscribers may make such changes by writing to customer service on help@simplefeast.com or using the App

4.1.3 Prior to the purchase of a subscription service, or of any goods, on our Site or via the App, Subscribers must provide a valid credit card number and associated payment information, including all of the following: (i) the name as it appears on the credit card; (ii) the credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge the credit card.

4.2 Shipping and Delivery Policy and Return Policy.

4.2.1 If the fixed delivery day for a Box falls on a public holiday, a day off such as July 4th (Independence Day) or December 25th, or certain weekdays related to a public holiday and/or day off, you will be informed by email when your Box will be delivered.

4.2.2 If you are not at home where delivery has been agreed, you agree that the driver will place the goods at your front door or other location by appointment. You also agree that the driver takes a picture of the location of the box as evidence of this. Simple Feast cannot be held responsible for any deterioration in the safety and quality of foodstuffs in your Box.

4.2.3 We only deliver Boxes in the greater Los Angeles geographical area. Deliveries are made via a third party shipping company. If you would like to know the carrier who is shipping your Boxes, please contact us at

or by phone at (855) 788-0443.

4.2.4 As the Box includes foodstuffs, we do not accept returns.

 

4.3 Methods of Payment, Credit Card Terms and Taxes.

4.3.1 By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. For each individual purchase made on the Site or App, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.

4.3.2 For subscriptions, you hereby agree that you authorize Simple Feast to charge your card at our convenience but within thirty (30) days of credit card authorization once a month until your subscription is terminated.

For each subscription purchase made on the Site or App, you agree to pay the price applicable (including any related sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.

4.3.3 We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

4.3.4 All payments must be made by Visa, MasterCard, Discover, or American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality on the Site or App. You agree that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Simple Feast of any discrepancies within forty-five (45) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Simple Feast does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Simple Feast or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including sales, use or value-added taxes.

4.4 No Responsibility to Sell Mispriced Products or Services.

We do our best to describe every item, product or service offered on the Site and App as accurately as possible. However, we do not warrant that specifications or pricing on the Site or App is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Simple Feast shall have the right to refuse or cancel any orders in its sole discretion.

If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from us is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

4.5 Modifications to Prices or Billing Terms.

The purchase of products and services on the Site and App is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE AND APP MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SIMPLE FEAST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR APP, OR BY EMAIL DELIVERY TO YOU.

4.6 Refund Policy

In the event that you are unhappy with any part of your Box, you can contact us at help@simplefeast.com or call our toll free support line at (855) 788-0443. In order to be eligible for a refund, you will need to contact us within five (5) days of the date you received the unsatisfactory item. If your concerns are related to ingredients or condition of a Box, we, at our sole discretion, may give you credit for the Box, and may issue a partial or full refund for the Box. We reserve the right, however, to require a photograph of the unsatisfactory Box before any partial/full refund or credit will be issued.

4.7 Termination or Cancelation

4.7.1 You can cancel your subscription at any time, however, it must be done no later than 6 days before the earliest possible delivery of your next Box (for example, if your next Box is delivered on Sunday between 8am and 8pm, you must cancel your subscription no later than 8am on the Monday before delivery). Please note that termination of the subscription before the first delivery will only take effect after the first delivery, so that you will always receive the first Box.

4.7.2 You can cancel your subscription in the following ways:

  • Via the App; or

  • By sending an email to help@simplefeast.com

In the email, you must write that you wish to cancel your subscription and from which date the termination should take effect. Remember to enter your full name, email address you signed up with, and your phone number and we will take care of the rest.

4.7.3 If you are going on holiday, or just don't want your Box delivered for a period of time, you can pause your subscription via the App or Site, or by writing to us at

4.7.4 We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with Simple Feast for any reason. Sections 3 (Proprietary Rights), 7 (Links and Third Party Information), 8 (Disclaimers and Limits of Liability), 9 (Indemnification), 11 (Governing Law), 13 (Arbitration; Venue), and 15 (Miscellaneous) shall survive any termination or expiration of this Agreement.

5. Restrictions on Use.

5.1 Except as otherwise expressly provided in these Terms or on the App or Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any feedback generated through the Site or App, or any portion thereof from or linked to the Service, except with the express written consent of Simple Feast or its third party licensors.

5.2 In addition, you agree not to:

 

(a) Use or access the Site or App for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights;

(b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;

(c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simple Feast without express written consent;

(d) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Simple Feast or any of our third party licensors without the express written consent of Simple Feast;

(e) Use or access the Site or App in a manner that could damage, disable, overburden, or impair any Simple Feast server or the networks connected to any Simple Feast server;

(f) Interfere with any third party's use and enjoyment of the Service;

(g) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Simple Feast server through hacking, password mining, or any other means;

(h) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or

(i) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.

6. Your Responsibilities.

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Service; and (iii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify Simple Feast in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party. 

7. Links And Third Party Information.

7.1 Third Party Content is not maintained or controlled by Simple Feast, and as a matter of policy, Simple Feast does not independently verify, prescreen or monitor any such Third Party Content. While we believe the Third Party Content is from reliable third party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. Simple Feast does not make any endorsement, express or implied, of any Third Party Content.

7.2 Certain Third Party Content is subject to additional specific terms and conditions which can be found in Additional Terms and in applicable areas of the Site and websites linked to this Site. You acknowledge and agree that your use of such Third Party Content is subject to all these terms.

7.3 Service features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Service. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.

8. Disclaimers and Limits of Liability.

8.1 THE SERVICE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

8.2 SIMPLE FEAST SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.

9. Indemnification.

9.1 We shall defend you against any claim, demand, suit, or proceeding ("Claim") made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney's fees incurred by, you in connection with any such Claim; provided, that you (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c) provide to us all reasonable assistance, at Our expense.

9.2 You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of this Agreement, or the data or information you submit through the Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.

9.3 This Section 9 (Indemnification) states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of Claim described in this Section.

10. Changes to Agreement.

Simple Feast reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site or via the App. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Site or App after the Agreement has changed will be treated as your acceptance of the updated Agreement.

11. Governing Law.

This Agreement shall be governed by the laws of the State of California, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

12. Injunctive Relief.

You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to Simple Feast or its licensors that may not be adequately compensable in money damages, and for which Simple Feast will have no adequate remedy at law. You, therefore, consent and agree that Simple Feast may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

13. Arbitration; Venue

13.1 Any controversy or claim arising out of, or relating to, these Terms of Service, or breach thereof, shall be settled by binding arbitration in accordance with the governing law as determined by these Terms of Service, the Federal Arbitration Act (insofar as it governs the arbitrability of such controversy or claim), and the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association in Los Angeles, California. Three qualified arbitrators shall be appointed in accordance with the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association and these Terms of Service. Such qualified arbitrators shall be members of the California bar and shall have at least five years of experience in the law relevant to the dispute in question. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. A stenographer shall be present at the arbitration proceedings and the stenographic record shall be the official record of the proceeding. The arbitrators shall provide written findings of fact and conclusions of law in justification of any arbitration award. Simple Feast shall have the right of appeal of any decision by the arbitrators by filing a request for reconsideration of any arbitration decision with the American Arbitration Association. Upon receiving such a request, the American Arbitration Association shall reconsider the matter de novo using the foregoing procedures. Should the arbitration award be inconsistent with the governing law as specified by these Terms of Use, Simple Feast may immediately appeal the arbitration award to any court of competent jurisdiction over Simple Feast. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction over the parties, unless a subsequent request for reconsideration has been filed by Simple Feast under this Section, or the award has been appealed to a court of competent jurisdiction under this Section.

13.2 The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the “class action waiver”). Except for this class action waiver, this clause may be severed or modified if necessary to render it enforceable under the Federal Arbitration Act.

13.3 Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Site, or App, and allowed pursuant to this Section, shall be instituted exclusively in the federal courts of the United States in Los Angeles, California or the courts of the State of California located in Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Miscellaneous

15.1 We may assign our rights and obligations under this Agreement, without notice, to: (a) any affiliate of Simple Feast; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Simple Feast or any affiliate of Simple Feast. This Agreement may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

15.2 Questions or Complaints

15.2.1 We always want to hear from you if there is something you are unhappy with or that you think we can do better. Note, however, that food usually has a shorter shelf life than other products and that the usual shelf life of the food in question will be taken into account in any complaint the content of your Box. We can be contacted at or by phone at (855) 788-0443 on weekdays. The opening hours of our customer service can be found on the website under “contact”

15.2.2 Complaints must be made as soon as possible – both in relation to the delivery of the box, including if it is not delivered at all, and to the meals themselves. That way, we can quickly respond and provide you with a better service. A complaint will always be answered by email.