TERMS AND CONDITIONS

ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions govern your use of Delirio FreshCo. By using, visiting, or browsing Delirio FreshCo site, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use Delirio FreshCo site. These Terms and Conditions are an ongoing contract between you and Delirio FreshCo and apply to your use of Delirio FreshCo website. These Terms and Conditions affect your rights and you should read them carefully.

PRIVACY AND PERSONAL INFORMATION

Delirio FreshCo is committed to protecting the privacy of the personal information you provide us on our website. Any information submitted on Delirio FreshCo website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

YOUR ACCOUNT

If you use Delirio FreshCo website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. Delirio FreshCo website sells products to adults, who can purchase with a credit card. If you are under 18, you may use Delirio FreshCo site only with involvement of a parent or guardian. Delirio FreshCo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

YOUR ACCEPTANCE

By using and/or visiting this website operated by Delirio FreshCo Healthy Group, LLC (“Delirio FreshCo”), you signify your assent to both these Terms and Conditions (the “Terms of Service”) and Delirio FreshCo Privacy Policy. If you do not agree to any of these terms, then please do not use Delirio FreshCo Website.

DELIRIO FRESHCO WEBSITE

These Terms and Conditions apply to all users of the Website, including users who are also contributors of video content, information, and other material or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Delirio FreshCo. Delirio FreshCo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Delirio FreshCo will not and cannot censor or edit the content of any third party site. By using the Website, your expressly relieve Delirio FreshCo from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

WEBSITE ACCESS

Delirio FreshCo hereby grants you permission to use the Website as set forth in this Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Delirio FreshCo prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms and Conditions. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify Delirio FreshCo immediately of any breach of security or unauthorized use of your account. Although Delirio FreshCo will not be liable for your losses caused by any authorized use of your account. You agree not to use or launch any automated system, including without limitation, “robots, “spiders”, “offline readers”, etc., that accesses the Website in a manner that sends more request messages to Delirio FreshCo servers in a given period of time than a human can reasonably produce in the same period by using a convention online web browser. Notwithstanding the foregoing, Delirio FreshCo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Delirio FreshCo serves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

ONLINE ORDERING

Delirio Freshco may make available to you the ability to order online from our participating locations. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The Delirio FreshCo location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Additional details about online ordering are available in the applicable FAQ section of the Services.

PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.

ELECTRONIC COMMUNICATIONS

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

CANCELLATIONS AND REFUNDS

NO REFUNDS WILL BE DONE TO CREDIT CARDS. ONLY STORE OR ONLINE CREDIT WILL BE ISSUED. We want you to be completely happy with your experience with Delirio FreshCo. Accordingly, if you are unsatisfied for any reason, we provide you some solutions if any of these happens: Wrong Food
If you get your food different from the receipt, we are really sorry. Please call us as soon as you notice that you got the wrong food. Missed Food
It's a rare case, but possible. Please call us as soon as you notice that we miss one or more food of your order. You may come to pick up or ask us to redeliver* the food within 3 miles in the same delivery time frame with your previous order for free. You may cancel the missed food before we cook without any question, and we give you a store credit. Bad Food
We cook your food with only the finest and the freshest ingredients. Please call us if it's caused by uncared delivering, bad packaging, strange objects in the food or spoilage. We will cook new ones and make sure they're the best. You may change your food to something else in case of spoilage. Don't Like The Food
Some cases you may get exchange or a store credit. There won't be any refund in cash. For exchange, you may not get the differences of the value of the food back. If the new food has more value, you may be asked to cover the balance. Redelivery fee may apply. Food Delay
We understand that everyone is hungry. We work hard to prepare and deliver the food in a short and reasonable time frame. If for some reasons we delay your order much more than the expected time, you may get 20% off of the bill in a store credit or cancel your order. Return / Cancel
Sorry, no refund if you change your mind after all the food has been cooked.

NOTES:

INTELLECTUAL PROPERTY RIGHTS

The content on Delirio FreshCo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Delirio FreshCo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Delirio FreshCo reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

USER-SUBMITTED CONTENT

On certain areas of the Site, you may be able to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Delirio FreshCo, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Delirio FreshCo and Delirio FreshCo is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

WARRANTY DISCLAIMER

You agree that your use of Delirio FreshCo Website shall be at your sole risk. To the fullest extent permitted by law, Delirio FreshCo, its Officers, Directors, Employees, and Agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Delirio FreshCo makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to or use of website, any authorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or form our website, any bugs, viruses, trojan horses, or the like which may be transmitted to or from our website by any third party, and/or any errors or omission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via Delirio FreshCo website. Delirio FreshCo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Delirio FreshCo website or any hyperlinked website or featured in any banner or other advertising, and Delirio FreshCo will not be a party to or in any way be third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall Delirio FreshCo, its Officers, Directors, Employees or Agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption of cessation of transmission to or from our website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via Delirio FreshCo website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Delirio FreshCo shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage form the foregoing rests entirely with you. The website of controlled and offered by Delirio FreshCo form its facilities in the United States of America. Delirio FreshCo makes no representations that Delirio FreshCo website is appropriately or available for use in other locations. Those who access or use Delirio FreshCo website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Delirio FreshCo, affiliates, officers, directors, employees and agents, from an against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s feed) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the website.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligation, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as Delirio FreshCo website is not intended for children under 13. If you are under 13 years of age, then please do not use Delirio FreshCo website, there are lots of other great websites for you. Talk to your parents about what websites are appropriate for you.

ASSIGNMENT

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Delirio FreshCo without restriction.

CHANGES TO TERMS AND CONDITIONS

Delirio FreshCo reserves the right, from time to time, with or without notice to change these Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed by selecting the “Terms and Conditions” located at the bottom of Delirio FreshCo website. The most current version of the Terms and Conditions will supersede all previous versions. Your use of Delirio FreshCo website after changes are made means that you agree to be bound by such changes.

QUESTIONS? CONTACT US

If you have any questions about this Terms and Conditions, please contact us at: info@deliriofreshco.com

PRIVACY POLICY This Privacy Policy governs the manner in which Delirio FreshCo collects, uses, maintains and discloses information collected from users (each, a “User”) of www.deliriofreshco.com website (“Site”). This Privacy Policy applies to the Site and all products and services offered by Delirio FreshCo. PERSONAL IDENTIFICATION INFORMATION We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site and unsubscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. NON-PERSONAL IDENTIFICATION INFORMATION We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. WEB BROWSER COOKIES Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. HOW WE USE COLLECTED INFORMATION Delirio FrehsCo collects and uses Users personal information for the following purposes:

CHANGES TO THIS PRIVACY POLICY

Delirio FrehsCo has the discretion to update this privacy policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. YOUR ACCEPTANCE OF THESE TERMS By using this Site, you signify your acceptance of This Policy and Terms of Service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be considered your acceptance of those changes. QUESTIONS? CONTACT US If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: info@deliriofreshco.com