Terms & Conditions
Last Updated: 09/11/2023
This document supersedes any previous terms and conditions associated with "Eat to Evolve" and is now applicable to Evolve Chef.
OVERVIEW
This website, evolvechef.com, is operated by Evolve Chef. Throughout the site, the terms "we," "us," and "our" refer to Evolve Chef, while "you" and "your" refer to the site visitor or customer. Evolve Chef offers this website as a platform to deliver healthy meal options to you, the user. Your use of this site is conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
ACCEPTANCE OF TERMS
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including:
- Those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- Any new features or tools that are added to the current store shall also be subject to these Terms of Service.
- You can review the most current version of the Terms of Service at any time on this page.
If you do not agree with any part of these terms and conditions, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
UPDATES AND CHANGES
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Although it is your responsibility to check this page periodically for changes, we will strive to notify you of any significant changes through website notifications or emails. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PLATFORM HOST
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. For information regarding data privacy and transaction security, please refer to Shopify’s own Terms of Service and Privacy Policy.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You agree that it is your responsibility to monitor changes to our site and consult primary, more accurate, or more timely sources of information when necessary.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. Significant changes to services or prices will be communicated to registered users via email or website notifications.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to our Return Policy, which can be found here.
We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, region, or jurisdiction on a case-by-case basis. We also reserve the right to limit quantities and to change product descriptions or pricing at our sole discretion. Offers for any products or services are void where prohibited.
We do not guarantee that the quality of any products, services, or information purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. Such restrictions may apply to orders placed by or under the same customer account or credit card, or orders using the same billing or shipping address. If we modify or cancel an order, we will attempt to notify you through the contact information provided at the time of the order.
You must provide current, complete, and accurate information for all purchases. You agree to promptly update account information, including email, credit card numbers, and expiration dates, to ensure we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may offer access to third-party tools without any monitoring, control, or input from us. Your use of these tools is at your own risk and discretion. We provide these tools "as is" and "as available," without any warranties or endorsements. We will not be liable for any issues arising from your use of these optional third-party tools.
Future services or features, including the release of new tools, will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include materials from third parties or links to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We do not warrant and will not be liable for any third-party materials or websites, or for any other materials, products, or services of third parties.
Before engaging in any transactions with third parties, review their policies and practices and ensure you understand them. Any complaints or questions related to third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us specific submissions at our request, or unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise ('Comments'), you grant us the unrestricted right to edit, copy, publish, distribute, translate, and otherwise use these Comments in any medium. We have no obligation to (1) keep any Comments confidential; (2) compensate you for any Comments; or (3) respond to any Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, or otherwise objectionable, or which violates intellectual property rights or these Terms of Service.
Your Comments should not violate any rights of third parties, including intellectual property rights, privacy, or other personal or proprietary rights. You are solely responsible for the content and accuracy of your Comments, and we assume no liability for any Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
While we strive for accuracy, our site may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders without prior notice. We are not obligated to update, amend, or clarify information except as required by law.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content for unlawful purposes or actions that violate federal, state, or local laws or these Terms of Service. Violations include, but are not limited to, the list of actions described in the original text. We reserve the right to terminate your use of the Service for any prohibited activities.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free, nor do we warrant the accuracy or reliability of results obtained through our Service. We may remove or cancel the Service at any time, without notice.
Your use of our Service is at your own risk. All products and services are provided "as is" and "as available," without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Our liability for any claim related to your use of the Service or any product will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Evolve Chef, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of your violation of these Terms of Service or any law, or your infringement of any rights of a third party.
SECTION 15 - SEVERABILITY
Should any provision of these Terms of Service be found unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of both parties, incurred prior to the termination date, shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing use of our site. We may also terminate this agreement at our discretion without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any related agreements or policies constitute the entire understanding between you and us, superseding all prior agreements and understandings.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to amend these Terms of Service at our discretion. Changes will be posted on this page, and your continued use of the site after such modifications will constitute your acceptance of the revised Terms.
SECTION 20 - CONTACT INFORMATION
For questions or concerns about these Terms of Service, please contact us at cs@evolvechef.com.