The website located at www.monthlyflavors.com (the “Site”) is a copyrighted work belonging to MonthlyFlavors (“Company”, “us”, “our”, and “we”). Company markets, sells and delivers packaged foods directly to customers via post or otherwise (collectively, with all other services provided through the Site and packaged foods delivered through the post or otherwise, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
MonthlyFlavors reserves the right to revise these Terms at any time by updating this posting
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any unauthorized use of your Company Account or loss or damage arising from your failure to comply with the above requirements.
1.3 Fraud Protection. As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
1.4 Promotional emails. As a member, you agree to receive newsletters and promotional emails including third party offers.
2. Payment Terms
2.1 Ordering Services. You may order any of the Services offered (including without limitation ongoing, a la carte or gift, when they are available) by following the directions on the Site. Your subscription to the Service will automatically renew every month until you cancel your Service by following the directions on the Site. If you order additional products in a month you will be charged for those products. Company may change the pricing for any portion of the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes to the subscription portion of the Services will not take effect until your subscription renews. Company may periodically send you token gifts or discount cards at no additional cost to you.
2.2 Payment Terms. If you order Services, you agree to pay the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site. For ongoing subscription delivery Service, Company will automatically bill your credit card submitted in ordering the Service on the date the Service is activated, and each month thereafter, until you cancel your Service. If you choose to cancel your service, you must notify the company at least 10 days before your next billing date. All payments are non-refundable. MonthlyFlavors Box, subscription and products within the box are non-returnable. If you are dissatisfied with our service or products for any reason, please feel free to contact our Customer Service. You hereby authorize Company to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may immediately terminate the applicable Service.
2.3 Title and Risk of Loss. All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
3.1 License. Subject to the terms of this Agreement, Company grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Please see the Acceptable Use Policy in Section 4.3 below [Link “Acceptable Use Policy” to section 4.3].
3.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site, Services or Promotions or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, or Promotions or any part thereof, except and if otherwise expressly set forth in Section 9.
3.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 Contributions. By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to MonthlyFlavors, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MonthlyFlavors is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MonthlyFlavors shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MonthlyFlavors may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to MonthlyFlavors rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MonthlyFlavors under any circumstances.
4.3 Acceptable Use Policy. When using the Services, you agree to the “Acceptable Use Policy” below. Specifically, you agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements
- Provide accurate information to us and update it as necessary.
- Review and comply with notices sent by the Company concerning the Services.
- Use the Services in a responsible manner.
Additionally, you agree not to: • Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site; • Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services; • Use or attempt to use another’s account without authorization; • Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; • infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; • includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services. • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company; • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof; • Utilize or copy information, content or any data you view on or obtain from the Company to provide any service that is competitive, in Company’s sole discretion, with Company; • Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part; • Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors; • Remove, cover or otherwise obscure any form of advertisement on the site; • Infringe or use Company’s brand, logos or trademarks except as expressly permitted by Company; • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website; • Attempt to or actually override any security component included in the Service or underlying Company; • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure. • Rent, lease, loan, trade, Sell/re-sell any product(s) of the box or the box itself, without permission of MonthlyFlavors.4.4 Product Information; Limitation on Quantities. Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that the Subscription Box described on our Site will be available.
4.5 Proprietary Rights. You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of MonthlyFlavors or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. MonthlyFlavors and the MonthlyFlavors logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2015 MonthlyFlavors, IKE. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by MonthlyFlavors.
4.6 Submitted Content. By submitting or posting any materials or content on the Site, you grant MonthlyFlavors a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant MonthlyFlavors the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. MonthlyFlavors will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
4.7 Disclaimer – No Professional Advice. Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site, Social media or any other means of the company projection. Use of the Site, or any other means of the company projection is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. The aim of MonthlyFlavors is to provide general information on diet and nutrition to the general public. The contents of MonthlyFlavors website, blogs and any other means of projection, are not intended to offer personal medical advice. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web site, blogs and any other means of projection . The MonthlyFlavors provides no warranty on this information and no liability is assumed by the MonthlyFlavors or the author for the recommendations, information, dietary suggestions, menus, and recipes provided. Products mentioned or omitted do not constitute endorsement.
5. Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads; Other Users
6.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
6.2 Other Users. Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
6.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other site or Service users or Third Party Sites & Ads.
6.4 Site or Service users or Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
8. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS/PRODUCERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
9. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of your last monthly payment for any pre-paid but unused Services (if applicable). Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.5, 4 –13.
10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the company and our employees, agents, successors, or assigns, regarding or relating to the Site, Services or this Agreement, shall exclusively be settled through binding arbitration in Athens, Greece. Notwithstanding the foregoing, either you or we may bring an individual action in court.
(b) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
(c) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of Athens Greece, without regard to its choice of law rules and without regard to conflicts of laws principles.
10.3 Entire Agreement; Headings; No Assignment by You. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of a customer to the Company and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
10.4 Copyright/Trademark Information. Copyright © 2015, MonthlyFlavors, IKE. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
11. Severability. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
12. Waiver; Remedies. The failure of MonthlyFlavors to partially or fully exercise any rights or the waiver of MonthlyFlavors of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by MonthlyFlavors or be deemed a waiver by MonthlyFlavors of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of MonthlyFlavors under these Terms and any other applicable agreement between you and MonthlyFlavors shall be cumulative, and the exercise of any such right or remedy shall not limit MonthlyFlavors right to exercise any other right or remedy.
13. Governing Law. The laws of Greece shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN GREECE, GREECE FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.