This Notice sets forth the terms and conditions under which EnjoyFresh LLC, a Florida limited liability company, and any features and services from the website “enjoyfresh.com” (collectively “EnjoyFresh”) provides information on this website, as well as the terms and conditions governing your use of this website, along with any additional terms and conditions that may be referenced herein or that are presented elsewhere on the website in relation to a specific service or feature. By making use of this website or being redirected here from another domain, you agree to be bound by the terms and conditions that appear hereunder. The terms and conditions are subject to updating at any time without notice and such changes, additions or deletions shall be effective immediately upon posting. We may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. If at any time you do not accept the terms and conditions, do not access the website or any of its pages. Changes to the terms and conditions take effect when posted to the website.
The EnjoyFresh website allows restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pick up and customers to search for and purchase such meals. These services are conducted within the United States and only at certain locations. You should closely review the information concerning the Restaurants to ensure you are able to properly utilize and benefit from the EnjoyFresh services.
The Restaurants are obligated by EnjoyFresh to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for you to understand that EnjoyFresh does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. You must make yourself comfortable through information provided by Restaurants on the EnjoyFresh website or as requested by you directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. EnjoyFresh does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic" or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, EnjoyFresh does not independently investigate or verify such representations. EnjoyFresh shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. You are solely responsible for verifying the accuracy of delivery addresses, and EnjoyFresh shall have no liability or responsibility for any such erroneous addresses.
NO WARRANTY – DISCLAIMER – INDEMNITY
ENJOYFRESH SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ENJOYFRESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. ENJOYFRESH EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE INFORMATION CONTAINED ON THE ENJOYFRESH WEBSITE IS PROVIDED FOR EDUCATIONAL AND INFORMATION PURPOSES HEREIN. DUE TO THE RAPIDLY CHANGING NATURE OF THE LAW, ENJOYFRESH DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS WEBSITE OR ON OTHER SITES TO WHICH IT LINKS.
OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL ENJOYFRESH OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THIS WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, REGARDLESS OF: THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES - EVEN IF ENJOYFRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THIS WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). ENJOYFRESH ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, ADVICE OR OTHER CONTENT AVAILABLE ON THIS WEBSITE.
ALTHOUGH WE MAKE GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, WE CANNOT GUARANTEE COMPLETE SECURITY. BY VISITING ENJOYFRESH WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD ENJOYFRESH, AND ITS SUBSIDIARIES, COMMUNITY, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Reviews and Comments
If at any time, EnjoyFresh enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants EnjoyFresh and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant EnjoyFresh and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
Intellectual Property – All Rights Reserved
All of the information on this website contain copyrighted material, trademarks and other proprietary information, including all text, graphics, software applications, video and audio files and photos (collectively, "content"), and all rights in the pages and the screens displaying the pages are owned by EnjoyFresh and its community or affiliated entities or their licensors, protected by copyright under United States copyright laws, Florida, and foreign laws. EnjoyFresh owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the website or its content, including, but not limited to copy, graphics, photos, web design, and the like for commercial or public purposes or on any other website or in a networked computer environment or engage in any other redistribution or republication of the protected content herein. All rights are reserved, including common law or registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on this website, which are owned by EnjoyFresh and its community or affiliated entities or their licensors. Nothing on this website grants you any right or license to use any intellectual property including business methods or processes without the express written permission of EnjoyFresh LLC, 2295 S. Hiawassee Road, Suite 217, Orlando, FL 32835. No material appearing on any EnjoyFresh domain may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by EnjoyFresh at the address above. You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of this website, its use or access to it. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Hypertext Links - Third Party Websites
You may create a text link to the home page of this website only for legitimate business reasons on the condition that it is clear to the users that they are exiting your own website and entering a new website, you do not frame or in-line our website or its content, and you do not create a false association or endorsement or otherwise misrepresent your relationship with EnjoyFresh. Likewise, as a convenience to you, EnjoyFresh may provide links to third party websites, or permit third parties to link to this website. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than EnjoyFresh, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between EnjoyFresh and the third party website owner or an endorsement of the third party site or any products or services that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third party owner’s request.
Products and Services – Disclaimer
Please note that none of the information contained in this website should be viewed as a formal offer to sell or as a direct solicitation to purchase any of our products or services, nor should it be considered advice. Rather, the information on our products and services is provided to you so that you can learn what EnjoyFresh offer. We may make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. Unless otherwise specified, products and services are available in the United States, State of Florida. Information on the website may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law may exist, and any statements that are general in nature are subject to change based on such variations. Availability of products or services may be dependent upon state regulations.
International Users - Venue - Choice of Law – Miscellaneous
These Terms and any operating rules for this website established by EnjoyFresh constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of EnjoyFresh, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. This website is controlled and operated by EnjoyFresh from offices within the Orange County, Florida, United States of America where you submit to the exclusive jurisdiction and venue of the courts. We make no representation that materials at this website are appropriate or available for use outside of the United States or that access to their content from all territories is legal. You may not use the website or export the website materials in violation of U.S. laws and regulations. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws. These terms and conditions which you have agreed to by visiting this website must be governed by the laws of the United States and of the State of Florida, without giving effect to its conflict of laws provisions.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of EnjoyFresh websites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the EnjoyFresh website or use the EnjoyFresh website services.
All ordering is performed online. You will typically be billed directly by EnjoyFresh for your orders, and "EnjoyFresh" will be the name that appears on your payment records, but EnjoyFresh shall not in any manner be considered the seller of the food. On occasion, credit card information will be provided to the Restaurants, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly. In such case, you hereby authorize EnjoyFresh to transfer your credit card information to the Restaurant for processing.
Prices and Availability
All prices listed on EnjoyFresh websites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, EnjoyFresh shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card account charged. If your credit card account has already been charged for the purchase and your order is canceled, EnjoyFresh shall immediately issue a credit to your credit card account in the amount of the charge.
The availability of products or services and other items on each of EnjoyFresh websites may change at any time, without notice.
Terms of Purchase
Payment is due at the time of order. You agree to pay all fees and charges incurred in connection with your purchases including any sales taxes, surcharges and any delivery fees for the delivery service you select. The final charges for your order may be different than those stated on the website. EnjoyFresh does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. EnjoyFresh may require additional verification or information before accepting any order.
By selecting to pay via credit card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number information and associated payment information, including, but not limited to, the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If EnjoyFresh does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by EnjoyFresh or its agents. The final charges on your credit card may be different than those stated on the website.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges, if any. EnjoyFresh does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Without limiting other remedies, EnjoyFresh reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify EnjoyFresh acceptance of your order, nor does it constitute confirmation of EnjoyFresh offer to sell. EnjoyFresh reserves the right at any time after receipt of your order to accept or decline your order for any reason. EnjoyFresh reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. EnjoyFresh may require additional verifications or information before accepting any order. Your order is not accepted until EnjoyFresh sends you a receipt and/or pick-up information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if EnjoyFresh cancels all or a portion of your order or if EnjoyFresh provides you less than the quantity you ordered, your sole and exclusive remedy is either (a) EnjoyFresh will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) EnjoyFresh will not charge your credit card for the cancelled portion of the order or the quantity not provided.
Questions and Suggestions
If you have questions or suggestions, please contact us at firstname.lastname@example.org.
This agreement to which you consent constitutes the entire agreement between you and EnjoyFresh and its affiliated companies with respect to your use of our website.