Terms & Conditions
Last updated: MAY 22, 2019
Welcome to the website ("Site") of PLANTBAR (“we”, “us”, “our” or “PLANTBAR”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the meals , products, or content made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these terms at any time and in our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the Site with an updated “Last updated” date, or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime--including starting on a PLANTBAR meal program or using PLANTBAR products.
By using PLANTBAR products or services, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
We do not claim our meal program, products, or services will alleviate, heal or cure any health condition or symptom. The content of this website and any product or service PLANTBAR offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this website, on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through PLANTBAR should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by PLANTBAR on this website and our programs and products have not been evaluated by the Food and Drug Administration.
Our program is not intended for people with severe allergies. Our kitchen facilities process and regularly use nuts. We modify meals upon request, but do not provide a product for people with medically-necessitated diets or severe allergies.
PRICING AND AVAILABILITY
All prices are shown in U.S dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide you with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The pickup of your subscription meals or products to you after pickup of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these terms.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice. We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.
Our meal programs are scheduled according to availability. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST two days before you want the program to start (for example: for Tuesday start, you must order the program no later than 11:59PM EST on preceding Thursday).
Most PLANTBAR products and services displayed at the Site are available only via online request in the United States while supplies last. PLANTBAR does not ship internationally. In the case of international deliveries via third- party services, PLANTBAR shall not be responsible or be held liable for delivery or use of the products once PLANTBAR has delivered to specified U.S. destination.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your PLANTBAR product or program. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
By signing up for a meal plan, you acknowledge and authorize PLANTBAR to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”
PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted programs, however we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for cancelling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of PLANTBAR, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
WHEN YOU REGISTER FOR A MEAL PROGRAM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PLANTBAR (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR MEAL PLAN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL PROGRAM CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL PLAN SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL PROGRAM ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED IN YOUR ACCOUNT.
CANCELLATION OF SUBSCRIPTION
YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR WELLNESS TEAM, AT INFO@PLANTBAR.COM. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY 11:59PM ON THURSDAY THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL PROGRAM SUBSCRIPTION.
Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program, with the exception of your first week’s order, which cannot be cancelled. If you need to make changes to your first week, you must email info@PLANTBAR.com before Wednesday at midnight EST the week prior to request the change.
SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third party courier. When you purchase a meal delivery program or product from PLANTBAR, shipping and delivery times shown on the Sites are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.
RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact our team (email@example.com). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your meal subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at firstname.lastname@example.org for help.
Refunds will not be issued for delays that are the result of factors outside PLANTBAR control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason have we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be credited to your account which will be applied towards your next subscription payment. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT PLANTBAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PLANTBAR, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to PLANTBAR. collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by PLANTBAR. PLANTBAR may prosecute infringement to the full extent permitted under applicable law.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PLANTBAR a on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PLANTBAR property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PLANTBAR of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PLANTBAR will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PLANTBAR is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of PLANTBAR or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that PLANTBAR may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that PLANTBAR may use your information for marketing and promotional purposes.
PLANTBAR COMMUNICATIONS TO YOU
You agree that PLANTBAR may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any PLANTBAR products or services, or for such other purpose(s) as PLANTBAR deems appropriate. You have the option to opt-out of marketing communications.
The images and colors displayed on the Site do not necessarily represent or depict actual meal programs or food offered by PLANTBAR. Meals and meal programs are subject to change without notice.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which PLANTBAR does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. PLANTBAR is not responsible and shall not be held liable for the use of any such content.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
This Agreement is effective unless and until terminated by either you or PLANTBAR. PLANTBAR may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PLANTBAR ' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or PLANTBAR, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.