HANDLING OF STAINLESS STEEL TIFFINS AND INSULATED BAGS

All dinner meal orders with less than equal to 4 (four) meals per order will be packed in a 5 tier (containers stacked on top of each other) stainless steel tiffin box protected within an insulated bag. You will have an option to either pick-up your order or get it delivered.

Freshmeals LLC reserves the right to charge you for any damages (including lost or misplaced property or part of property) caused to the insulated bags or any parts of stainless steel tiffin box(es) while these packaging items (insulated bags and 5 tier stainless steel tiffin box) are at your location (registered address or delivery address). Freshmeals LLC will automatically charge $10.00 (ten dollars) for each insulated bag and $15.00 (fifteen dollars) for each stainless steel tiffin box on the credit card used by you at the time of purchase of the meal(s). Freshmeals LLC reserves the right to collect these fees as compensation for the damages caused to its properties without obtaining any prior approval or a review from you.

RETURNING TIFFINS WITH INSULATED BAGS

Freshmeals LLC will not charge or take deposit for the use of its stainless steel tiffin boxes (including insulated bags) from you. However, you must return the stainless steel tiffin boxes (including insulated bags) back so that it does not disrupt the day to day business of Freshmeals LLC.

Freshmeals LLC reserves the right to collect your residential/office address and ask you to save your credit card on file in Square. This is to ensure that Freshmeals LLC's day to day business operations are not impacted due to customers' who don't return the stainless steel containers back to the store on time. Freshmeals LLC reserves the right to cancel or refuse to take the order if you have issues/concerns with Freshmeals LLC asking for the information. In case order is already placed and you decide to not share the information at the time of pick up or delivery then Freshmeals LLC refund policy will apply.

Freshmeals LLC will charge a late fee on the credit card used by you at the time of purchase of the meal(s). Following is the late fee structure:

• $2.00 for each 24 hours after 48 hours of pick-up or delivery date till the tiffin boxes and/or insulated bags are returned back to the drop-off location.

Freshmeals LLC reserves the right to waive the late fees on case to case basis. To submit your case email us at admin@mirchmantra.com.

Following are the ways you can return the tiffin boxes and insulated bags on time so that you don't have to pay the late fees.

• Drop-off at our location - You can drop-off the tiffin boxes packed inside the insulated bags at below address anytime between 10:00 AM - 07:00 PM, except when store is closed.
  
  4300 Chantilly Shopping Center, Suite 2F, Chantilly, VA 20151
  
  
• Drop-off at our location - You can drop-off the tiffin boxes packed inside the insulated bags at below address anytime between 10:00 AM - 07:00 PM at the front door.
  
  2508 Tatnuck Ct, Herndon, VA, 20171
  
  
• Subscribe to receive alerts/notifications - Freshmeals LLC will send timely reminders to your registered email and/or phone number to remind you about returning the stainless steel tiffin boxes and insulated bags.

YOUR RESPONSIBILITY TO PAY THE FEES/CHARGES

Freshmeals LLC reserves the right to send you an invoice to collect the fees/charges as described in section HANDLING OF STAINLESS STEEL TIFFINS AND INSULATED BAGS when applicable. By consenting to this agreement you agree to pay the invoice amount in full and by the invoice due date.

The invoice will be sent via email to the email address on file and you can pay the invoice using the payment method(s) described in the email. Freshmeals LLC reserves the right to contact you via email, phone or your mailing address to collect the fees/charges.

REFUND & CANCELLATION POLICY

To provide the best customer satisfaction, we provide the following solutions. Feel free to contact us if you have any questions regarding the Return & Cancellation Policy by emailing us at admin@mirchmantra.com.

Preparation of your order will begin immediately after your order has been confirmed. We cannot accept cancellations once your order has been confirmed within our system.

If 20% or more of the food has been consumed or removed we cannot issue any discount, refund or store credit. If the food has been discarded, repackaged or tampered with then we cannot verify its origin or issue and cannot issue any discount, refund or store credit. Also, we will only prepare a second food order in all situation and we will not prepare a third order replacement.

• Food Order Errors

  If you receive food that is different from your receipt, we sincerely apologize. Please call us as soon as you notice that there was an error in your order. You may come to pick up the correct food item or we will make our best attempt to deliver your order.

  • For credit card payments, you will be refunded the sales price amount associated with the error and recharged for the new items price.
  • For cash payments, you will be asked to pay the difference of the balance if the new food has a greater value than the food received in error.
  • In the same way, you will receive the difference of the balance back as credit for the new item if less than the food received in error. In some cases, we may offer you a store credit.

• Food Order Incomplete

  In the rare occasion that you do not receive food that is on your receipt, we will make it up to you. Please call us as soon as you notice that any food items were not received in your order. You may cancel the missed food before we prepare it without any question, and we will refund the amount to a credit card or we will refund you with a store credit. NO CASH REFUNDS.

  If we mistakenly omit a free courtesy item, then you are welcome to let us know so we may address the issue with our staff, however, we cannot provide discounts, refunds or store credit on courtesy items.

• Food Dissatisfaction

  We cook our food fresh to order with only the finest and freshest ingredients. We take great care and pride in all of the dishes we make. Refunds and/or replacement food are available only in rare circumstances such as but not limited to orders in which the food is wrong, omitted and other similar circumstances.

  All our food items are quality tested before they are packed for pick-up or delivery. All containers are sealed before they are handed to the drivers for delivery or made available for pick-up. We strive to prepare and package your order to preserve the high quality of the food. Keep in mind the temperature, and consistency of some items may vary slightly.

  We make all items such that it satisfies every customers' taste buds. However, some days there will be items that you like or dislike. Feel free to share your feedback via email at admin@mirchmantra.com and we will try our best to make necessary adjustments.

• Use of Spices

  The delicious aroma, great taste, unique color and finger-licking flavor in Indian cuisine is achieved by carefully blending fresh ingredients with homemade blend of spices. Spices impart the flavor, heat and diversity from one dish to another.

  In addition, research is showing that spices contribute to health just as much as fruits and vegetables, providing anti-oxidant, anti-inflammatory, anti-bacterial, and anti-viral properties.

  We don't believe in compromising on the quality of our food by downgrading the spicy flavors that Indian cuisine demands. At the same time we know that everyone has different levels to handle hot (taste) food. Hence, all our food items are prepared at medium hot (taste) level.

  However, there are certain dishes that will require us to raise the hot (taste) level. You need to use your own discretion when ordering food from us because we cannot issue any discount, refund or store credit in these circumstances.

• Cancel Order

  We cannot cancel, refund or give you store credit if you change your mind or mistakenly order an item after the order is prepared. Following are the circumstances in which we may consider to cancel your order and issue a refund or store credit. NO CASH REFUNDS.

  • Any cancellation request received (via email at admin@mirchmantra.com or through online ordering system or through point of sale devices) minimum 5 hours before the scheduled pick-up or delivery of the order.
  • Any modification to the order before it is prepared
  • Based on item's lead/preparation time
    • Brunch menu orders - within 15 minutes after order is confirmed by the restaurant
    • Dinner meal menu orders - minimum 5 hours before the scheduled pick-up or delivery
    • Off the shelf menu orders - minimum 24 hours before the scheduled pick-up or delivery

• Missed delivery or pick-up

  The delivery and pick-hours for all menus are available on the website and here in this agreement. We know things happen and we will be happy to consider your refund or cancel order request. Below is to protect our business from customers who might abuse our return & cancellation policy.

  • If you missed your scheduled pick-up date/time, then we cannot cancel your order, give refund or give you store credit. Unless, you meet the conditions of circumstances described in above sections.
  • Our drivers will make reasonable delivery attempts by contacting you. If they are not able to deliver your order, then we cannot cancel your order, give refund or give you store credit. Unless, you meet the conditions of circumstances described in above sections.

Freshmeals LLC reserves the right to deny or refuse service to any customer for any reason. If a customer abuses any of the Return & Cancellation Policy, then we, unfortunately, will not be able to conduct future business with the customer so that we may continue to provide excellent and quality food and service for you and other customers.

HEALTH CLAIMS AND CONSULTING A PHYSICIAN

Freshmeals LLC might provide health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. You should consult a physician before making any changes to your diet. By purchasing from Freshmeals LLC, you acknowledge that Freshmeals LLC does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight and failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Freshmeals LLC.

IMPORTANT HEALTH INFORMATION

People with certain conditions must consult a physician prior to starting any Freshmeals LLC subscription plans or single meal order or eating Freshmeals LLC meals or eating Freshmeals LLC brunch items; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers.

People with these or any other serious health conditions must seek physician approval before ordering or consuming any food items sold by Freshmeals LLC. If you decide to consume Freshmeals LLC’s food, then you do it at your own sole discretion, and Freshmeals LLC is not responsible or liable for any damages caused, hospitalization, allergic or health reactions, or any related bills. You should discuss with your physician if consuming any food items sold by Freshmeals LLC causes any change in your medical condition.

All cooked menu items are prepared fresh everyday. We highly recommend that items are consumed the same day. We pack the items in containers that keeps the food fresh. But, after the food is picked up or delivered Freshmeals LLC won't be liable or issue a refund if the food goes stale because it was not stored properly.

ALLERGIES

Freshmeals LLC makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. However there is always risk of contamination as in our kitchen we use products such as milk, gluten, peanuts, other nuts, sesame seeds and capsicum, although we have strict cross contamination policies; we can not guarantee a total absence of these products in any of our food items. Customers with food allergies must be aware of this risk. Freshmeals LLC will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with while eating any of our meals or food items.

ORDERING, DELIVERIES AND PICK-UP

• Freshmeals LLC reserve the right to refuse to take your order should it be necessary.
• WE DO NOT ACCEPT orders via EMAIL OR PHONE
• Pick-up and delivery times are estimates and are subject to change based on various circumstances including but not limited to delivery drivers' availability, weather conditions, traffic, number of orders, etc.

Brunch Menu

• All brunch menu items will be available for pick-up or delivery between 10:30 AM - 01:00 PM EST.
• All orders must be placed 30 to 45 minutes before the scheduled pick-up or delivery date/time.
• Orders accepted online and at the store

Dinner Meals Menu

• All dinner meals will be available for pick-up or delivery between 06:00 PM - 07:30 PM EST.
• All orders must be placed minimum 5 hours before the scheduled delivery date/time.
• Orders with 6 or more meals are available for pick-up only
• Orders accepted online and at the store

Off the Shelf Menu

• All menu items will be available for pick-up between 10:00 AM - 07:00 PM EST.
• All orders must be placed minimum 2 days before the scheduled pick-up date/time.

CUSTOMIZING FOOD ITEMS AND PACKAGING

Freshmeals LLC reserves the right to deny any modification or customization requests to any of our menu items. All items are prepared in bulk everyday for all orders. So, we cannot accept individual modification requests via email, phone or feedback on social media and restaurant review platforms. Freshmeals LLC may consider to make the modification to certain menu items based on its own market research and customers sentiments on various food/restaurant review platforms.

Freshmeals LLC reserves the right to deny any custom packaging request or using packaging brought/provided by the customer. All food items will be packed using packaging that is approved by Freshmeals LLC.

Freshmeals LLC reserves the right to modify (add/update/delete) food items for a customer on need to basis. This does not mean Freshmeals LLC will apply same changes to all customers' orders.

CHANGES TO THE MENU ITEMS

Freshmeals LLC reserves the right to change the menu items based on the season, availability of the key ingredients, etc. Freshmeals LLC will take adequate actions to notify customers impacted by these changes and compensate appropriately.

ELIGIBILITY

The Website is available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

COMMUNITY GUIDELINES

Freshmeals LLC’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, you hereby agree to comply with these community rules and that:

• You will comply with all applicable laws in your use of the Website, and you will not use the Website for any unlawful purpose;
• You will not access or use the Website to collect any market research for a competing businesses;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
  • infringes any copyright, trademark, or other proprietary rights of any person or entity; or
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
  • discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not “stalk,” threaten, or otherwise harass another person;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Website; and
• You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.

You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website, or any portion of thereof, without notice.

USE OF PERSONAL INFORMATION

Your use of the Website may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at Privacy Policy), which is hereby incorporated by reference in its entirety.

INTELLECTUAL PROPERTY

The Website contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Freshmeals LLC (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of “Mirch Mantra” and “Elaichi Tea” used and displayed on the Website are registered and unregistered trademarks or service marks of Freshmeals LLC. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Freshmeals LLC Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Freshmeals LLC Trademarks inures to our benefit. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

COMMUNICATIONS TO FRESHMEALS LLC

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

NO WARRANTIES/LIMITATION OF LIABILITY

THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FRESHMEALS LLC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. FRESHMEALS LLC HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, OR THE CONTENT, AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, OR, THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to defend, indemnify, and hold the Freshmeals LLC (DBA Mirch Mantra, Elaichi Tea), its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “Freshmeals LLC Parties”) harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of this Agreement; (ii) your use of the Website and/or the Content in violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

DIGITAL MILLENNIUM COPYRIGHT ACT

Freshmeals LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or customer submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Freshmeals LLC
Attention: DMCA
2508 Tatnuck Ct, Herndon, VA 20171

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Freshmeals LLC from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Freshmeals LLC proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

MISCELLANEOUS

If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Freshmeals LLC,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.” You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by Freshmeals LLC to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Virginia. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement contains the entire agreement of the parties concerning its subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

IMAGE DISCLAIMER

The product images shown on our website or during online checkout or on social media platforms like Facebook, Instagram, WhatsApp may represent the range of product, or be for illustration purposes only and may not be an exact representation of the product.

The availability of the food items or related complimentary items shown in the images depends on the season and availability of the ingredients. We will try our best to provide you all the items that you purchase as per item description.