Terms and Conditions
OVERVIEW – Terms of Service
This website is operated by Yue Zi Kitchen, Inc.
Throughout the site, the terms “Yue Zi Kitchen”, “we”, “us” and “our” refer to Yue Zi Kitchen, Inc. Throughout the site, the terms “you” refer to prospects who are contemplating the use of Yue Zi Kitchen’s meal delivery service and/or customers who have placed the order for our service. Yue Zi Kitchen, Inc. offers this website, including all information and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or acquiring services from us, you engage in service (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or as available by hyperlink (the agreement is hereby referred to as the “Agreement”).
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or using our service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Yue Zi Kitchen, Inc, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new information or features that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and our Service following the posting of any changes constitutes acceptance of those changes.
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 in your state or province of residence and you 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. You understand that your content (except for credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Yue Zi Kitchen does not retain any of our customers’ credit card information. 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.
SECTION 3 – DETAILS REGARDING MEAL DELIVERY SERVICES
Notification from you to us regarding meal delivery start date: Upon placing an order for the meal delivery service with us, you understand that you should notify Yue Zi Kitchen before 8am the day before you would like for us to arrange for the meal delivery service to start. For example, if you would like for the meal delivery to start on Friday, Yue Zi Kitchen’s policy requires that the notification is submitted from you to us via email or phone (including voicemail) by 8am on the day before (i.e., Thursday).
Delivery procedure: In order to ensure a smooth our delivery process, our driver will ring the doorbell and then leave food at your front door. Photographic evidence will be taken to substantiate the delivery process. If you have any questions regarding the meal delivery status, please call (415) 866-9018 immediately and leave a detailed message, in order for us to initiate an investigation with our delivery team members at the earliest convenience.
Loss, spoilage, or damagers to the meal delivered: Yue Zi Kitchen will not be responsible for damages, spoilage, or theft of food that has been delivered but not picked up by the customer in a timely manner. If a customer requests a cancellation of doorbell notification, our company will honor the request but it remains the customer responsibility to pick up the delivered food in a timely manner.
Preservation: Our meals are prepared freshly on a daily basis without the use of any food preservatives. As such, in order to maintain the freshness of the meal delivered to you, please put the meals into the refrigerator immediately after receiving your meal in order to maintain the freshness of the food items. Yue Zi Kitchen will not be responsible for any food contamination result from the lack of timely refrigeration.
Temporary pause on the meal delivery service: Yue Zi Kitchen allows putting a temporary pause on meal deliveries for a maximum of one day for a 14-day meal plan and two days for all other meal plans during the course of the meal delivery service. If you decide to put a pause on the meal delivery as per the aforementioned provision, you will be required to inform us by 8am the day before the day of the meal pause. Yue Zi Kitchen reserve the right to refuse accepting any notifications made after 8am the day before the corresponding delivery.
Cancellation & Refund Policy: In order for you to receive a full refund for any order you place with us, you understand that cancellation requests must be made within 7 calendar days after placing the order and before the meal delivery service starts. If a cancellation request is provided beyond 7 days after the order is received by us, you agree that a $200 administrative and processing fee will be charged for the cancellation. You understand that no refund will be provided for any cancellation requests after the meal delivery service has started.
Completeness of information provided by you: you understand that by placing an order with us and signing this agreement via our online store portal on this site, you are entering into a legally enforceable agreement with Yue Zi Kitchen. You acknowledge that the food allergy / health questionnaire was prepared and reviewed by yourself; if there are any issues due to incomplete information provided by you, you will give up all legal prosecution rights.
Outstanding balance payment terms: By placing an order with us and completing this agreement with Yue Zi Kitchen, you agree to make a full payment on any remaining outstanding balance within 2 days once the meal delivery starts. You understand that we reserve the right to terminate any meal delivery service if any remaining outstanding balance is not paid in accordance with this term.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, first-hand, more accurate, complete or timely sources of information. You understand that any reliance on the material on this site is at your own risk. We are not responsible if information made available on this site is not accurate, complete or current.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Pricing for our products and services are subject to changes without notice.
We reserve the right at any time to discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our sample meals that appear at the store.
We reserve the right to limit the quantities of any products or services that we offer. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of product and service pricing are subject to changes at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Yue Zi Kitchen, Inc, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Yue Zi Kitchen, Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SUBCONTRACTOR
You understand that, in performing the services hereunder, Yue Zi Kitchen may assign its rights to perform a portion of the services to, and may engage the services of independent contractors (a ‘subcontractor’) without your prior consent. You agree that, unless you contract directly with such subcontractor, all of the applicable Terms and Conditions shall apply to such subcontractor. Yue Zi Kitchen agrees that we shall not permit any subcontractor to perform any work relating to the Services until Subcontractor agrees to be bound by the applicable Terms and Conditions of the Agreement.
You agree that you shall bring no claims whether in contract, statute or tort (including, without limitation, negligence) against a subcontractor in any way arising from, in respect of or in connection with the Services or this Agreement, except to the extent finally judicially determined to have resulted from the fraudulent or intentional misconduct of such subcontractor.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION / CANCELLATION OF SERVICE
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. In order for you to receive a full refund for any order you place with us or any service you have acquired from us, you understand that cancellation requests must be made within 7 calendar days after placing the order and before the meal delivery service starts. If a cancellation request is provided beyond 7 days after your order is received by us, you agree that a $200 administrative and processing fee will be charged for the cancellation. You understand that no refund will be provided for any cancellation requests after the meal delivery service has started.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us 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 policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – 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 California, United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@YueZiKitchen.com