Welcome to FoodBox and our Terms and Conditions (these "Terms"). The website www.afoodbox.com is a copyrighted work belonging to FoodBox ("FoodBox", "Company", "us", "our", and "we"). FoodBox markets, sells and delivers packaged foods, boxes, or other products available through our Site (the "Products") directly to customers via mail, email or otherwise (the "Services").
By accessing, browsing or using our website, blog, or mobile applications (collectively, the "Site") , you acknowledge that you have read, understood and agreed to be bound by these Terms and all of the terms references within. If you do not agree to these Terms, you should not use or access this Site or subscribe to the Services. You may not access or use the Services or Site or accept the Terms if you are not at least 18 years old.
Certain features of the Site or Services may be subject to additional conditions, terms, guidelines, or rules, which will be posted on the Site or Services in connection with such features. All such additional conditions, terms, guidelines, and rules are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms, the additional terms shall control.
1. INFORMATION ABOUT US
We are FoodBox, a business in Australia with our fiscal address at:
FoodBox Pty Ltd.
12 Tey Court, Deebing Heights, QLD, 4306
2. USE OF THE SITE
You may use the Site and our Services only for your own noncommercial, personal use and in compliance with these Terms. FoodBox grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services. Your rights to use the Site and Services is personal and you agree not to make any commercial use of the Services or Products without the express written consent of FoodBox. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. These Terms do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. All rights not granted under these Terms are reserved by FoodBox.
2.2 Ownership and Restrictions
You acknowledge and agree that all content (excluding your Contributed Content, defined below) and other information available on the Site are the property of FoodBox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You further agree that all the intellectual property rights, including, but not limited to, copyrights, patents, trademarks, and trade secrets, whether registered or unregistered, in the Site and Services are owned by FoodBox or FoodBox’s licensors.
You hereby agree to the following restrictions:
- (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, copy, reproduce, distribute, republish, download, transmit or otherwise commercially exploit the Site or Services;
- (b) you shall not adapt, edit, modify or make derivative works of content, material or any other part of the Site or Services; and
- (c) you shall not access the Site or Services in order to build a similar or competitive service.
FoodBox reserves the right, in our sole discretion and without notice to you, at any time, to revise, alter, suspend, or discontinue, the SIte, the Products and Services available on the Site, Promotions or any part thereof, and we will not be liable to you or to any third party for doing so. We may also impose limits, rules or restrictions on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. By continuing to access or use the Site or Services you confirm your acceptance to any such changes and all of the terms referenced within. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.
2.4 No Support or Maintenance
You acknowledge and agree that FoodBox will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3. SERVICE AVAILABILITY
3.1 Service Area
Deliveries of our service is only available for people resident in the United Kingdom, Ireland, Netherlands, Germany, Sweden, Australia & New Zealand.
3.2 Service Availability
We reserve the right to limit quantities purchased by you and we do not guarantee that all Services and Products described on our Site will be available at all times.
4.1 Account Creation
In order to use certain features of the Site, you must sign up for a subscription with FoodBox and provide certain information about yourself. All information about you must be complete, truthful and accurate and you may not use any aliases or other means to mask your true identity. You also agree to update and maintain the accuracy of such information as it may change from time to time.
Any FoodBox customer is eligible for only one FoodBox subscription. If a user has more than one subscription, FoodBox reserves the right to delete the subscriptions without notification to the user and block them from further activity within the FoodBox community.
As part of our Services processing procedures, we may screen subscription for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to provide Services due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, delete your subscription or we may contact you at the information you provided to subscribe. We also reserve the right to cancel any subscription or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
4.2 Promotional emails
As a subscriber, you agree to receive newsletters and promotional emails including third party offers.
5. PAYMENT TERMS
5.1 Ordering Services
You may order any of the Services offered by following the directions on our standard registration form. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.
Following your initial subscription period of one or six months, your FoodBox subscription will be automatically renewed. If you cancel during this period, your subscription will be ended and you will be sent the remainder of the boxes you have paid for. You will NOT be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Your order will be fulfilled by the delivery range set out in the confirmation email or, if no delivery date is specified, then within 30 days of the date of the confirmation email, unless there are exceptional circumstances.
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. Product prices are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payments of all such taxes, levies or duties. Product prices and delivery charges are liable to change at any time, but changes will not affect orders that have been confirmed.
5.3 Payment Terms
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa, Mastercard and American Express. We will charge your credit or debit card once you have registered and on each month for your monthly subscription.
By subscribing to FoodBox you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us. Our Services consist of an initial charge followed by recurring periodic charges. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility to pay all recurring charges prior to cancellation. FoodBox may submit recurring charges (e.g., monthly) without further authorization from you, until you provide prior written notice that you have terminated this authorization or wish to change your payment method. Such notice must be submitted before the 15th day of the month of desired termination and will not affect charges submitted before FoodBox reasonably could act. YOU HEREBY AUTHORIZE FoodBox (OR OUR THIRD PARTY PROCESSOR) TO BILL YOU AS DESCRIBED ABOVE.
Upon registering, restarting regular deliveries, reactivating your account or changing card details, a small payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect these against your account balance.
5.4 Service Cancellation
To cancel or change your subscription, for whatever motive, please contact us through the Contact form. For the termination of the subscription to be complete and acknowledged by us you will receive a 'confirmation of cancellation' email, this email serves as the final proof of your desire to cancel your subscription contract with us and this action has been carried out by us. In order to change or terminate your subscription for the following month, you must submit your request through our Contact form BEFORE THE 15TH DAY OF THE MONTH of desired termination.
5.5 Vouchers, Gift Cards, Coupons and Free Trials
We may offer gift cards, discount promotions and other types of vouchers (collectively know as "Voucher") which require activation by email application in order for the Holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms shall become applicable as between us and the holder of the Voucher ("Holder") when the Holder redeems the Voucher by email application. Vouchers may only be redeemed through our website and not through any other website or method of communication.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one introductory offer may be used by any individual and can only be used once. Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
From time to time, to the extent legally permitted, we may offer free trials of certain Services for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Once your free trial ends, we will begin billing your designated payment method on a recurring basis for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. We reserve the right to modify or terminate free trials at any time, without notice to you and in our sole discretion.
5.6 FoodBox Points
For every successful friend referral (using the referral link on your FoodBox account) subscribers will receive 50 points. For every completed survey subscribers will receive 5 points.
To receive a free FoodBox subscribers must redeem 100 points from their account. Accounts must be active in order to accrue points, cancelled or inactive accounts can refer friends but points will not be added to the account.
6. RISK AND TITLE
All Products purchased from our Site are shipped by a third party carrier (made pursuant to a shipment contract). As a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.
7. CONTRIBUTED CONTENT
7.1 User and Contributed Content
By transmitting, uploading, posting, placing information on or communicating in anyway with the Site, social media or other channels (including, but not limited to, Facebook, Twitter, Instagram, and YouTube) in any form, media, software or technology of any kind now existing or developed in the future (collectively know as "Contributed Content") you represent and warrant that you own and control the rights to the Contributed Content, that the Contributed Content is accurate, that it does not violate these Terms or any applicable law, and that it will not cause injury to any person or entity. You hereby agree to grant FoodBox, its affiliates, and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all your Contributed Content. This includes but is not limited to the right to use your name and any other information about you, to reproduce or distribute such material, and the right to use any material, information, ideas, concepts, know-how or techniques contained in any Contributed Content you send to us for any purpose. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Sites. You are solely responsible for your Contributed Content (not FoodBox) and accept any liability arising from such content. You assume all risks associated with your Contributed Content, including but not limited to any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Contributed Content that makes you or any third party personally identifiable. You may not state or imply that your Contributed Content is in any way provided, sponsored or endorsed by FoodBox. FoodBox is not obligated to store any Contributed Content and Contributed Content may be deleted at anytime.
7.2 Acceptable Use Policy
When using the Services, you hereby agree to:
- Provide up-to-date and accurate information to us;
- Comply with all applicable laws;
- Review and comply with notices sent by FoodBox concerning the Site and Services; and
- Use the Services in a personal, non-commercial and responsible manner.
Additionally, you agree not to:
- Upload, post, transmit or otherwise contribute content that:
- is untrue, inaccurate, or not your own;
- includes information that you do not have the right to disclose or make available;
- infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- is obscene, libelous, abusive, unlawful, discriminatory or otherwise objectionable;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
- contains viruses, corrupted files, or any other similar harmful software;
- attempts to interfere in anyway with FoodBox's network security; or
- attempts to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of FoodBox or any user of the Services.
- Engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any applicable law or regulation;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including, but not limited to, property, publicity or privacy rights) of others;
- Utilize or copy information, content or any data you view on or obtain from FoodBox to provide a competitive service, as defined solely by FoodBox;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding your Contributed Content) without the express written permission from FoodBox;
- Use or attempt to use another's account without authorization;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
- Remove, cover or otherwise create a barrier for any advertisement on the site;
- Infringe or use FoodBox's brand, logos or trademarks except as expressly permitted by FoodBox;
- Use any software, spiders, devices, scripts robots, data mining techniques or other means or processes to access, catalog, download, utilise or otherwise reproduce, store or distribute content or other information or services contained in the site;
- Engage in mirroring or framing any portions of the site within another website;
- Engage in any action that in anyway interferes with the proper working of or places an unreasonable load on FoodBox's network and infrastructure.
We reserve the right not to post or to remove your Contributed Content if it violates these Terms, or any applicable law.
8. INDEMNIFICATION; RELEASE
You hereby release and forever discharge FoodBox (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other site users or any third party websites or advertisements). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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 assume all responsibility and risk with respect to your use of the Site and Services. THE SITE, SERVICES, AND ALL OTHER INFORMATION IS PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. FoodBox (AND OUR AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, (2) THE FUNCTIONS ON THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) DEFECTS OR ERRORS WILL BE CORRECTED. FoodBox does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS. INCLUDING THE EXPIRY DATE, AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS.
Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users
10. LIMITATION OF LIABILITY
IN NO EVENT OR TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, FoodBox, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF FoodBox HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) OF FoodBox, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE EXCEED THE AMOUNT THE CUSTOMER PAID FoodBox IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WITH NOT ENLARGE THIS LIMIT.
YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPHS SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE
Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users
We reserve the right, in our sole discretion and without notice to you, to terminate your right to access or use the Site or Services at any time and for any or no reason. You hereby agree and acknowledge that we have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid us, to the fullest extent permitted by law.
12. WAIVER; NOTICE
Our failure to exercise, enforce, or insist, whether partially or fully, upon strict enforcement of any right, obligation or provision of these Terms shall not operate as a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
All notices given by you to us must be given to FoodBox through the Contact form. We may give notice to you via postings on the Site, email, or letter sent to the postal address you provide to us when placing an order.
13. GOVERNING LAW
These Terms, your access to and use of the Site, Services, subscription and your order, receipt and use of the Products shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FoodBox AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
14.1 Agreement to Arbitration
WE BOTH AGREE TO ARBITRATE. You and FoodBox agree to resolve any claims relating to these Terms, the Services provided, or the Products offered through final and binding arbitration, except as set forth under Exceptions to Arbitrate below. Any dispute (whether or not such dispute involves a third party) relating in any way to your use of the Site, Services or to the Products you purchase through the Site (including a subscription), or to your relationship to FoodBox shall be submitted to confidential arbitration in New York, New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association (AAA). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site, Services, Products or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. YOU AND FoodBox AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION. Further, unless both you and FoodBox agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
14.2 Exceptions to Arbitration
To the extent that you have in any manner violated or threatened to violate our intellectual property rights (including but not limited to trademark, trade secret, copyright, or patent rights), we may seek injunctive or other appropriate relief in any state or federal court in the State of New York without first engaging in arbitration.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed. The remaining Terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT; HEADINGS
16.1 Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the entire agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation.