It is your responsibility to periodically review these Terms. JOLLI reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Website and/or our services and/or products after our publication of any such changes shall constitute your acceptance of these Terms, as modified.
These Terms will remain in full force and effect as long as you are a user of the Website, and in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms.
Unless you exercise your right to opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.
By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have full power and authority to enter into these Terms. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. JOLLI and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You acknowledge that JOLLI may establish limits concerning use of the Website and/or our service and/or products and reserves the right at any time to modify our services and products (or any part thereof), as wells as the Website’s content, functionality or hours of availability, upon publishing notice of such changes on the Website.
You acknowledge that any of the foregoing Limitations will not be cause for a refund for any of our Products and that JOLLI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If you submit User Content to us, each such submission constitutes a representation and warranty to JOLLI that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by JOLLI and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines set forth above.
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, without compensation to you.
As noted above, the Services provide you with the ability to post and upload User Content to the Website. You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available.
You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as “private,” your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
- All orders must be placed through the Website.
- You will receive an email from JOLLI confirming your order has been received and another email once it has been shipped.
- Our Meal Kits require the use of perishable ingredients. If, for any reason, we are unable to process your order due to the required ingredients not being available , we will send you an email.
- Each order contains at a minimum two (2) servings.
- JOLLI uses third-party delivery services, such as UPS or local couriers, to deliver our Recipe Kits.
- While we deliver our Meal Kits throughout the United States, we do not currently deliver to Hawaii, Alaska or outside of the United States.
- Meal Kits will be delivered without signatures being required.
- In the case of bad weather or unforeseen courier issues, we will deliver your order as soon as reasonably possible when the conditions permit or we may need to cancel your order.
- JOLLI Shipping Box, Preparation & Storage
By accessing the Website, you have the ability to: (i) view a our recipes, and (ii) purchase our JOLLI branded recipe & meal kits (the “Service”).
- All Meal Kits are delivered in single-use, insulated containers, with gel packs and dividers (the “JOLLI Shipping Box”).
- You should inspect your JOLLI Shipping Box to make sure that the ingredients are fresh, and that any meat or seafood products are properly cooled (internal temperature at or below 41ºF immediately upon opening the Shopping Box for the first time).
- You should immediately refrigerate all ingredients in each Meal Kit upon opening your JOLLI Shipping Box.
- All Meal Kits will stay fresh in the JOLLI Shipping Box, without additional refrigeration, until 10:00 p.m. on the day of delivery.
- We recommend that you prepare your Recipe Kit within four (4) days of delivery, consuming any seafood, meat or delicate produce containing recipes first to ensure optimal freshness.
- Safe Handling Disclaimer
You are solely responsible for, and assume all risks related to the safe washing, handling, preparation, storage, cooking use and consumption of the products you receive from us. You are also responsible for knowing about any food allergies you, or those you serve these products to, may have. You understand, acknowledge and agree that we store, portion and package products containing all major allergens and cannot guarantee that cross-contamination will not occur between products. You must verify the products (and their contents) you receive from JOLLI before handling preparing, using and/or consuming such products.
- Prices and Payments
Prices posted on the Website represent the fees due to JOLLI for your purchase, delivery of the Products and the successful processing of your order. Additional fees may be charged based on the total dollar size of your order and whether or not you are eligible for free shipping.
You agree that upon placement of your order, JOLLI may immediately authorize your credit card for payment for any charges incurred under your account. You will not be charged (i.e., credit card will not be settled) until your order has shipped from our facilities. You also agree that you are personally liable for all charges incurred under your account and are fully responsible for all activities that occur under your account. If you have a question about a JOLLI charge on your credit card statement, please contact customer service by sending an email to [email protected] or by calling us at 347-292-8235.
- Limited Warranty and Return Policy
At JOLLI, all of our Recipe Kits are backed by a freshness and quality guarantee. If you are dissatisfied for any reason, please contact us within 3 days of receipt of your order by emailing [email protected] or calling 347-292-8235 and we’ll replace without additional cost to you or credit you an amount depending on the reason. We require photo documentation displaying the reason for which you are dissatisfied.
Your order will begin processing as soon as you submit it via the website.
Once orders are submitted, you are bound by your purchase and it is unlikely that any changes or cancellations can be made. If you wish to cancel or change your order for any reason, contact us immediately at [email protected] and we will do our best to accommodate your request.
Because shipments contain perishable and/or time-sensitive products, we DO NOT ACCEPT RETURNS. If you are not satisfied with your order for any reason, keep your shipment and contact us at [email protected] with an explanation and we will work to remedy and/or refund your order in a timely manner.
All requests for refund must be made within 30days of purchase.
JOLLI grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use only, and not to download or modify it or any portion thereof (other than as expressly permitted by JOLLI.) You agree that no text, copy, images materials or content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our written permission. Violation of these Terms, including without limitation modification or use for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of our copyright, trademark and/or other rights. You shall not attempt to access any of our other systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of JOLLI or any third party, in connection with your use of the Website and any Materials provided by us or any third party on the Website. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
- Creating An Account
From time-to-time, JOLLI may offer Promotions by and through the Website, or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. You understand and agree that JOLLI shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
- Third Party Sites
The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. JOLLI makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that JOLLI is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
- Restrictions on Website Use
You agree that in connection with your use of the Website, you will not do any of the following:
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
- Use any meta tags or any other “hidden text” utilizing the name “JOLLI” or any substantially similar name without our written consent.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
- “Frame” or “mirror” any part of the Website.
- Engage in spamming or flooding.
- Remove any copyright, trademark or other proprietary rights notices contained on the Website.
- Use the Website or Materials for any unlawful purpose.
- Make any resale or commercial use of the Website or Company Materials; or (b) make any derivative use of the Website or Company Materials.
This Website is owned and operated by JOLLI. All right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by JOLLI or by third party chefs, restaurants, authors, developers, or vendors that have licensed the Materials to JOLLI (“Third Party Providers”). Except as otherwise expressly provided by JOLLI, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of JOLLI’s intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by JOLLI.
- Limitations of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOLLI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED, TO THE ACCESS TO OR USE OF THIS SITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF JOLLI, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCTS, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OF LIMIATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE LIMITATIONS SET FORTH IN THIS SECTION 9 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. RESOLUTION OF THOSE CLAIMS, WILL BE GOVERNED PURSUANT TO THE DISPUTE RESOLUTION PROVISION PROVIDED BELOW.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless JOLLI, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party that is caused by, arise out of or are related to (a) any use or misuse of this website, by you or any third party you authorize to access or use our website, (b) any User Content you create, post, share or store on or through the website or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and JOLLI. Please note that some jurisdictions may not allow rights of indemnification in certain circumstances. As a result, some of the above exclusion may not apply to you.
- Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that JOLLI shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
- Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Dispute Resolution by Binding Arbitration
Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating arbitration.
If the parties do not reach an agreed upon solution with a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction, subject to review in accordance with applicable statutes governing arbitration awards. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt out and not be bound by the arbitration provision provided above. If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 30 days after registering to use the Company website, or your rejection of arbitration will not be effective. You must send your request to: [email protected]. Your request must include your telephone number(s) and a clear statement of your intent, such as “I reject the arbitration clause stated in the Company’s Website Terms and Conditions.” Please be aware that if you exercise your right to opt-out, the Company also will not be bound by the arbitration provision.
- Governing Law
The Terms and the relationship between you and JOLLI shall be governed by the laws of the State of Delare without regard to any conflicts of laws principles.
- Additional Information
The Terms constitute the entire agreement between you and JOLLI and govern your use of the Website and our Services and Products, superseding any prior agreements between you and JOLLI. The failure of JOLLI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that JOLLI may have under trade secret, copyright, patent or other laws. The employees of JOLLI are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on JOLLI, except in a writing signed by an authorized officer of JOLLI. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., JOLLI.
You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services, you do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, have carefully read and considered these Terms and fully understand its contents and the significance of its contents, are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.