Lilian’s Table Terms and Conditions
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Lilian’s Table reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. 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.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, 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 not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) have not created or do not have more than one Lilian’s Table account, unless expressly permitted by Lilian’s Table, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our Sites or Products (collectively, “Test Features”). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
Registration, Account and Communication Preferences
To access and use certain areas or features of the Sites, you will need to register for a Lilian’s Table account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. You further understand and agree that Lilian’s Table may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a Lilian’s Table account, you also consent to receive electronic communications from Lilian’s Table (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through the Sites or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Lilian’s Table, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Product. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Lilian’s Table processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
Terms of Sale
Meal Orders; Cancellation Policy
Meal Orders. We offer different menus each week. The number of meals you receive and the amount you are charged may vary from week to week depending on your selections. If we change the prices or other charges associated with our various menus and services, we will provide you with notice of such changes, such as by email or a notice posted on our Sites.
Cancellation Policy. If you wish to discontinue your entire account, you should email [email protected]. Please be advised that you are obligated to complete your any pending meal deliveries. In the event you cancel your account, please note that we may still send you promotional communications from Lilian’s Table, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Payment and Billing Information
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, delivery fees 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.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your menu or changes in applicable taxes, delivery fees or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Notwithstanding anything provided above, for the purposes of this Section 4.6, any Third Party Purchase will be billed and charged in accordance with the applicable Third Party Terms.
Pricing and Availability
All prices on our Sites are shown in U.S. dollars and applicable taxes, delivery fees 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, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes.
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 meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products 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 [email protected], as applicable.
We will collect applicable sales, use and other tax (collectively, “Tax”) on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
Delivery and Processing
You agree to pay any delivery and processing charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery fees from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We offer free delivery for orders of more than three items. Orders that do not meet the minimum order requirement are charged a flat $12 fee per delivery. Delivery fees are pre-paid along with your order at the initial time of purchase. When you purchase a Product from our Sites, any delivery times are estimates only. Actual delivery times may vary.
You are responsible for inspecting all Products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. In the unlikely event you have any other reason to believe that any other Product in your delivery or purchase is not suitable for consumption, contact us at [email protected] and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here.
Our drivers will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Our meals are packaged in insulated cooler bags with ice packs and will typically remain cold for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your Lilian’s Table account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
Returns, Replacements, Refunds, and Credits
If you are dissatisfied with a meal ordered on our Sites for any reason, please contact us at [email protected] within 1 day of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal at our expense, provide you a full or partial refund of the purchase price for that meal or provide you with Credits for that meal that will automatically be applied to future deliveries under your account, as applicable. Notwithstanding the foregoing, Credits for certain types of Meal Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
We may require photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or Credit.
License to Access and Use Our Sites and Content
- Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Lilian’s Table logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Lilian’s Table or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
- You are hereby granted a limited, nonexclusive, non transferable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Lilian’s Table or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Lilian’s Table or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
- “Lilian’s Table,” the Lilian’s Table logo and any other Lilian’s Table Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Lilian’s Table and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Lilian’s Table” or any other name, trademark or Product or service name of Lilian’s Table without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Lilian’s Table and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Lilian’s Table.
You are granted a limited, nonexclusive, non transferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Lilian’s Table or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Lilian’s Table logo or other proprietary graphic of Lilian’s Table to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Lilian’s Table trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
Lilian’s Table makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. Except as otherwise provided herein, when you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
- You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Lilian’s Table;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
- By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Lilian’s Table or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Lilian’s Table employee, contractor, or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Lilian’s Table or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
Right of User Content
If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Lilian’s Table’s Facebook page, Instagram page, Linkedin page, or Pinterest page), you hereby grant Lilian’s Table a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Lilian’s Table through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Lilian’s Table to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Lilian’s Table, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Lilian’s Table. Lilian’s Table shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Lilian’s Kitchen, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Lilian’s Kitchen Parties”), from and against all actual or alleged Lilian’s Kitchen Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content or Products by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites 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. You agree to promptly notify Lilian’s Kitchen of any third party Claims, cooperate with the Lilian’s Kitchen Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Lilian’s Kitchen Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lilian’s Kitchen.
Lilian’s Table cannot accommodate anyone with severe or life threatening food allergies. By signing up for Lilian’s Table, you expressly agree to our terms and conditions and understand that Lilian’s Table is not responsible for any food related allergic reactions that may occur by consuming our food or third party products. We urge you to use caution when choosing Lilian’s Table. If you have a moderate to severe food allergy, we cannot serve you.
You are solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling or consuming such products.
Further, you understand, acknowledge, and agree that we store, portion, and package products containing all eight major U.S. allergens (Milk, Wheat, Egg, Soy, Fish, Shellfish, Peanuts and Tree-nuts) and cannot guarantee that cross-contamination will not occur between products.
We attempt to display the products and other materials and information you view on our site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our site, on a label or in an order confirmation, in processing or delivering an order, we reserve the right to correct such error and revise your order accordingly.
You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on our site due to a number of factors, including without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
Please contact Customer Service at (305) 502-1646 or email them at [email protected] if you have any questions regarding this disclaimer.