Terms of Service
Effective Date: March 27, 2024
Welcome to fresh.club, a personalised meal delivery application ("App") operated by fresh.club SIA. ("Fresh Club", "we", "us", or "our"). These Terms & Conditions ("Terms") govern your access to and use of the App, as well as the services provided by Fresh Club (collectively, the "Services"). By accessing, browsing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the App or to products and services available through the App.
Eligibility
By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are not at least 18 years old or lack the legal capacity to enter into a binding agreement, you must have the consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Account Registration
To access certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Use of the Services
As a user of the App, you agree to:
a. Comply with all applicable laws and regulations.
b. Use the Services only for personal, non-commercial purposes.
c. Not use the App or Services for any illegal, harmful, or offensive activities.
d. Not engage in any activity that could disrupt, damage, or interfere with the proper working of the App or Services.
e. Not attempt to gain unauthorized access to any accounts, systems, or data related to the App or Services.
f. Not impersonate any person or entity, or misrepresent your affiliation with any person or entity.
g. Not use any automated systems, including bots or crawlers, to access or use the App or Services without our prior written permission.
Intellectual Property
All content, including but not limited to, text, graphics, logos, images, and software, available on the App is the property of Fresh Club or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, redistribute, transmit, or create derivative works from any content without the express written permission of Fresh Club.
Subscription and Payment
By subscribing to our Services, you agree to pay the applicable subscription fees as displayed on the App. We reserve the right to change the fees for our Services at any time.
Fresh Club adheres to the regulations outlined in the Consumer Rights Directive, specifically Article 16, which exempts certain cases from the right of withdrawal. This includes goods that are personalized to the consumer's specifications or items that are perishable and prone to rapid deterioration or expiration. Therefore, Fresh Club does not provide refunds for delivered food items under these circumstances.
To cancel your subscription, please ensure that requests are submitted in writing to our customer service team at least 48 hours prior to the scheduled delivery.
Delivery
Fresh Club will make reasonable efforts to deliver your meals according to your selected delivery schedule. However, delivery times may be affected by factors beyond our control, such as traffic, weather, or other unforeseen circumstances. We will not be liable for any delays in delivery or failure to deliver due to such factors. If you are not available to receive your meal at the time of delivery, we may leave the meal at your designated delivery location, and you assume all responsibility for its safety and quality thereafter.
Allergies and Dietary Preferences
Fresh Club makes an effort to accommodate various dietary preferences and restrictions. However, we cannot guarantee that our meals will be free of allergens or suitable for all users. It is your responsibility to review the ingredients and nutritional information for each meal and to determine whether it is appropriate for your specific needs. If you have any concerns regarding allergies or dietary restrictions, please consult with a healthcare professional before consuming any meals provided by Fresh Club. We shall not be held responsible for any adverse reactions, health issues, or other consequences arising from the consumption of our meals.
Health and Dietary Considerations:
Specific Health Conditions: Our meal plan may not be designed to accommodate individuals with specific health conditions or dietary restrictions, including but not limited to inflammatory bowel disease, cancer, kidney failure, and eating disorders. We strongly recommend consulting with a registered dietitian, nutritionist, or healthcare professional for personalized guidance before using our service.
Pregnancy and Lactation: If you are pregnant or lactating, it's essential to consult with a physician prior to utilizing our service. Pregnancy and lactation entail unique and increased dietary needs that may not be met by our standard meal plans.
Minors: Individuals under the age of 18 must use our service under the supervision of both a doctor and a parent or guardian. This is to ensure their safety and that the meal plans align with their developmental needs.Specific Health Conditions: Our meal plan may not be designed to accommodate individuals with specific health conditions or dietary restrictions, including but not limited to inflammatory bowel disease, cancer, kidney failure, and eating disorders. We strongly recommend consulting with a registered dietitian, nutritionist, or healthcare professional for personalized guidance before using our service.
Referral Program
Binding Agreement. By using the App or participating in the Referral Program (Program), you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the fresh.club SIA (“Fresh Club”) decisions are final and binding.
Privacy. The personal information collected, processed, and used as part of the Program will be handled in accordance with Fresh Club's Privacy Statement, accessible via a link on the App.
How the Program Works. To qualify, you must be a Fresh Clubs customer with an activated account, indicating that you've purchased at least one meal plan. To refer friends, family members, or colleagues, simply navigate to the App and follow the on-screen instructions in your Profile under "Invite friends and earn." Once you share your exclusive referral code, you'll become a "Referrer," granting you access to the benefits or rewards advertised on the App. Referred friends ("Friends") must apply the referral code during their first payment or subscription to complete the referral process and receive a "Reward" in the form of a discount on their initial payment. Upon the successful completion of Friends first payment or subscription using the referral code, you as the Referrer will also receive a Reward. Restrictions apply to Referrer code usage - the Referrer code can be used up to 30 times.
Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Fresh Club or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Rewards. By making a valid referral, both the Referrer and the Friend will each receive a €15.00 (fifteen euros) reward. The Friend will receive a €15.00 discount on their initial payment, while the Referrer will receive a €15.00 credit every time a Friend makes their initial payment using the Referrer code. These rewards may be redeemed in various forms at the Company’s sole discretion. Restrictions may apply. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FRESH CLUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless fres.club SIA, as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED €50.00.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FRESH CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (I) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (II) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Bulk Distribution (“Spam”). Each Referrer is the actual sender of the Referral code and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk Referral code distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Fresh Club has no obligation to monitor the Program or any communications; however, Fresh Club may choose to do so and block any Referral code messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.
Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify Fresh Club immediately if they suspect unauthorized access to their account. Users agree that Fresh Club will not be liable for any loss or damage arising from unauthorized use of their credentials.
Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of our Terms.
Termination
We reserve the right to terminate your account and access to the Services at any time, with or without cause, and without prior notice. You may also terminate your account and stop using the Services at any time by following the instructions provided on the App or contacting our customer support. Upon termination, your right to access and use the Services will immediately cease, and any unused portion of your subscription will not be refunded.
Disclaimer of Warranties
The App and Services are provided on an "as-is" and "as-available" basis. Fresh Club disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App or Services will be uninterrupted, error-free, or free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, Fresh Club, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other damages arising from your use of the App or Services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Fresh Club, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the App or Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Fresh Club is incorporated, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or your use of the App or Services shall be resolved through good faith negotiation between the parties. If the parties cannot resolve the dispute through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of an arbitration organization agreed upon by the parties.
Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the effective date at the top of this document. By continuing to use the App or Services after the effective date of any changes, you agree to be bound by the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the App and Services.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms and conditions that may apply to specific sections of the App or to products and services available through the App, constitute the entire agreement between you and Fresh Club regarding your use of the App and Services and supersede all prior agreements, representations, and understandings between the parties.
Contact Information
If you have any questions or concerns about these Terms, the App, or our Services, please contact us at:
fresh.club SIA
Maskavas iela 10, Riga , LV-1050
Latvia
Email: support@fresh.club
By using the App and Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not use the App or Services.