TERM'S AND CONDITIONS

Term's of Service

Last Updated: Jan 26st, 2023

Agreement to Terms

General: By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Changes to Terms or Services

General: We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or have communicated them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility: You may purchase the Services only if you are at least 18 years old and capable of forming a binding contract with Catered Fit and are not barred from using the Services under applicable law. If you’re under 18 years old, you may not purchase any of our Services without permission granted by parent or legal guardian.

Registration and Your Information: If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this on our Site. It’s important that you provide us with accurate, complete, and up-to-date information for your Account, so you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them, so please keep your password secret and secure. We want to keep all our users safe and happy, so we reserve the right, in our sole discretion, to disable, suspend, cancel, or delete any Account for any reason, or to refuse any user access to any of our Services, if we think doing so will help keep things safe and enjoyable for everybody.

The Services

General: We provide a platform through which users can buy freshly prepared meals and other Addon food or beverage items are referred to collectively in these Terms as “Meals.” You can purchase Meals by signing up for one of the memberships/subscriptions from our site or by Sales Representative, in person or via email/phone. Buy agreeing to purchase you are subscribing to our auto renewal program which include an auto renewal of your Meals for the same period when you have two deliveries remaining. At 12 pm EST on your second to last delivery day you will be auto renewed. For more information on our Meals and Programs, you can visit our FAQs. Our Meal delivery services are not currently available in all areas, so please visit our Service Areas page to see in which ways Catered Fit may be available in your area.

We want you to love not just the Meals you find on our Site but also the whole experience you get from using our Services. We’re confident that you’ll love Catered Fit, but please understand that you use our Services at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services. We make a conscientious effort to describe and display every Meal and the anticipated contents of accurately on our Site. All our Meals are handcrafted and thoughtfully planned by excellent chefs, however, occasionally a Meal you receive won’t look or taste exactly as it was described or depicted to you or similarly may not include the exact contents described in its listing due to availability or market conditions beyond our control, for example. You understand that this is normal, and you agree to accept such a Meal, regardless of reasonable variation from its description or depiction. We can’t and don’t guarantee the accuracy or completeness of any description or depiction of any Meal. We reserve the right to change or update any such description or depiction, to substitute specific meal ingredients and to correct errors, inaccuracies, or omissions at any time without giving you notice. If you have a complaint or dispute concerning a Meal you’ve purchased through our Services, please contact us, and we’ll try to fix the problem in the manner we deem appropriate, in our discretion.

Buying Meals

General: When you buy a Meal through any of our Services (such purchase, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

All Sales Are Final: But if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order we may refund any payment you may already have remitted to us at our discretion. Auto Renew: By entering into these Terms, you acknowledge that the Catered Fit Meal Plan you select has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership or subscription by you. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Memberships and subscriptions continue until cancelled by you, the particular Catered Fit Meal Plan is cancelled by us or we terminate access to or use of the Services in accordance with these Terms. Meal Plans auto renew at full price for all products included in initial order unless otherwise agreed upon between you, the member, and us. Auto Renew takes place on your second to last delivery day at 12 pm EST. You have up until 12 pm EST on your second to last delivery day to cancel your subscription and not be charged. If you allow for auto renew to take place without prior notice for cancellation you are agreeing to continue use of service and no refund will be issued.

Meal Plans

General: Catered Fit offers 4 meal plans: Paleo, Classic, Meatless and Combo. Each plan can be customized to a members meal preferences and number of meals per day. Meal Plans refers to meals per day as well as any addons. Daily addon items include: Cold-Brewed Coffee, Cold-Pressed Juice, Snacks, Dessert, and Kids Meals. Addon items cannot be delivered without a main meal plan. Catered Fit meals require 2 business days advance notice prior to delivery to make any changes. All Catered Fit meal plans are subscription based are are subject to auto renew. (see Auto Renew section for further information.)

Exclusions: Exclusions only apply to Daily meal plans. Weekly deliveries do not have exclusions. Exclusions are ingredients or ingredient categories that you (the member) wish to avoid in your meals or add on items. We allow four complimentary exclusions for each Daily meal plan and one for each addon item. These ingredients will be omitted from your meal plan if the meal selection is made by our system. If a meal is selected by you that contains an ingredient on your exclusion list, you will receive a pop up notification warning you that this particular dish contains an item listed on your exclusion list. You always have the option to override this notification and select this particular meal. By making this selection you agree to receive this meal as is, NO SUBSTITUTIONS WILL BE MADE ON MEMBER SELECTED ITEMS. Catered Fit will only make substitutions to meals based on the exclusion list when there are no menu options available that suit the members needs. These exclusions are intended for dislikes only. For example, excluding ginger will exclude an item like “ginger fried rice”, however it will not exclude ginger as an ingredient in sauces and seasonings. We are a production kitchen which processes dairy, nuts, soy, eggs, and gluten and cross contamination is possible. We do not suggest our service for those with severe allergies.

User Selection: All Catered Fit meals require meal selections to be made 2 business days in advance prior to the delivery date by 11:59 EST. In order to make meal selections you must have an active account with us and be signed in through our member portal. Upon signing in to your member portal you will automatically be redirected to the Schedule section of your member portal. Click on the date for meal consumption that you would like to select meals for, then proceed to individually click on the meal 1, 2, 3, 4, or 5 options depending on the amount of meals for the plan you have purchased. All Paleo, Classic, and Meatless meal plans will require a minimum of breakfast, lunch, and dinner with a maximum of 5 total meals on one account. There will be options for breakfast and a combination of lunches/dinners to choose from daily. Our lunches and dinners are interchangeable so you may select a lunch meal for a dinner selection or vice versa. Our Combo meal plan allows you to choose any combination of meals from whichever meal plan you prefer. Once the meal is selected click on the continue option which will take you to the next available meal needed to be selected for that day. Once all meals for that day have been selected it will redirected you to the schedule section of your portal where you will have the option to review your meal selections for that day.

Auto Selection: We give all of our members the option to manually select their meals through their member portal. if for some reason you are unable to select meals for a particular day by the cut off time or just prefer us to make the selections for you, we will select a “Chef’s Choice” option for you based on your default selections and your exclusions. Just sit back and let us do all the work!

Contact and Communication

General: Catered Fit hours of operation are Sunday 1pm - 8pm & Monday through Friday 11:00 am to 9pm EST. You may contact Catered Fit by emailing info@cateredfit.com or calling 855-400-CFIT. We do not guarantee that any communication requests made outside of these channels will be satisfied. Catered Fit does not service accounts via Social Media (Facebook, Instagram, Twitter) communication. It is used solely as a marketing channel and any requests for account management through these channels cannot be guaranteed.

Delivery

General: Catered Fit delivers daily Sunday through Thursday between the hours of 3:00 pm & 9:00 pm from our South Florida location, 5:00 pm & 11:00 pm from our Los Angeles location, and 3:00 pm & 9:00 pm in our San Diego location, the night before your meals are intended to be consumed. Catered Fit Meal Plans are typically scheduled for Monday through Friday meal consumption, if you wish to have meals delivered for Saturday and/or Sunday those meals will be delivered on Thursday night with your Friday meals. We do our best to operate within these hours however we will not issue any credit or refund if a meal arrives late for any reason. If there are outstanding circumstances we will do our best to make you aware of changes being made to your delivery time. We do not guarantee a specific delivery time each night and can only advise of the time window based on your delivery location. We can’t guarantee that every Meal will arrive exactly within the timeframe we give you. In particular, in the case of inclement weather or other events beyond our control that interfere with our ability to deliver your meals, we will attempt to deliver your meals as soon as reasonably possible. If a delivery arrives early or late, you agree that you will still accept the Meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery. In order to place a hold on delivery, make changes to your delivery schedule and address, we must be contacted via email or phone no fewer than 2 DELIVERY DAYS in advance of delivery, no later than 9PM EST. You may place a hold on your delivery yourself as last as 11:59 pm EST by means of the Member Portal.

Delivery Access: Our Members who are residents of communities which utilize a guard gate or any other type of access control by which our driver, a concierge, or a guard must contact the member to complete the delivery, must understand that if the driver cannot enter the community at the time of delivery the driver must continue with their route as each driver has many deliveries to be made in a short period of time. A driver is not permitted to return to a stop after the initial failed delivery attempt. Thus, if access is not granted upon arrival, no credits will be issued for the missed delivery. It is solely the member’s responsibility to assure delivery access. If a toll is required to access the member's address, the member will be responsible to pay all toll charges. This does not apply for any highway tolls.

Delivery Fee: Effective January 1st, 2019 if you sign up for a Catered Fit Meal Plan, you will pay a daily delivery fee (“Delivery Fee”), as applicable. A Delivery Fee of $5.00 per day for each Daily Delivery account will be charged (plus any applicable taxes and other charges) to your payment method at the time the order is placed. Orders placed on or after April 5th, 2021 will include these updated delivery fees.

Delivery Communication: Catered Fit may choose to use a Third Party application for providing delivery updates for members. Members will receive a text message alert to confirm that a delivery was successful or unsuccessful. Standard text message rates apply.

Cancellation and Credit Policy

Cancellation of a Catered Fit Meal Plan. To cancel your Catered Fit membership you can either (i) by phone (ii) email us at info@cateredfit.com and follow any instructions, if any, we provide to you in response to your cancellation request, or (iii) initiate a cancellation through your account settings within the Member Portal. AS STATED ABOVE, ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEES PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD OR ANY PENDING MEAL PLANS. THIS CANCELLATION WILL PREVENT ANY ADDITIONAL ORDERS FROM BEING PLACED.

Credit policy: Account credits issued by Catered Fit to address issues experienced will be awarded at the discretion of our customer service team. These credits may be applied towards the purchase of an additional Meal Plan and applicable sales tax.

Marketing

Promotions: Catered Fit may offer promotional discounts or free trials for a specified period of time. If we offer you a promotional discount free trial, the specific terms of your free trial will be provided at registration and/or in the promotional materials describing the offer. These promotions may not be combined with any other offer and can be limited to specific Catered Fit products or Meal Plans. Unless you cancel your membership or subscription prior to the end of your promotional discount/ free trial, we will begin charging your payment method on an auto renewal basis for the applicable product/program until you cancel your membership or subscription. Instructions for cancellations are stated above under the Section titled “Cancellation”. You will not receive a notice from us that your free trial has ended or that the paid portion of the applicable membership or subscription has begun. We reserve the right to modify or terminate promotional discounts or free trials at any time, without notice and in our sole discretion.

Communications Opt In/Out: Catered Fit uses multiple channels in communication. This includes but is not limited to Third-Party services for email and text messages. Marketing alerts sent via text message require opt-in from members. Members may cancel these at any time by texting STOP. Active Members can also opt out from their profile on the member portal or the mobile app. Members may unsubscribe from marketing-related emails, by doing so any vital communications that need to be sent may not be successfully delivered. Any change in policy that is not delivered due to unsubscribing is solely the responsibility of the member.

Feedback

General: We welcome feedback, comments, and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by emailing us at info@cateredfit.com You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Privacy Policy

General: Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information that we receive when you use our Services. This Privacy Policy does not apply to any third-party websites, services, or applications, even if they are accessible through our Services. Any information that we collect is subject to the privacy policy in effect at the time that Information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when those changes will become effective. Finally, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service.

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in the applicable communications. There are, however, some administrative communications that we have to send you from time to time, from which you cannot unsubscribe. Account Information: If you create an Account, we’ll collect certain information that can be used to identify you, such as your name, email address, postal address, phone number, and credit-card number or other billing information.

Security of your information: We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we can’t guarantee the absolute security of any information.

Links to other sites: Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services, and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Modifying Your Information: You can access and modify the information associated with your Account by changing it in your Member Portal. If you want us to delete your Account, please contact us at info@cateredfit.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.