Sooma Terms of Service
Welcome and thank you for visiting Sooma and our Terms of Service (“Terms”). These Terms are important and affect your legal rights, so please ready these Terms carefully before using any aspect of the site.
Sooma, Inc. or our subsidiaries or other affiliates (collectively, “Sooma,” “we,” “our” or “us”) operates www.SoomaEats.com and the Sooma App (collectively, the “Sites”). Each end-user visitor to the Sites agrees to the following Sooma Terms, in their entirety, when she/he:
Accesses or uses the Sites;
Accesses and/or views any of the video, audio, stories, text, photographs, artwork and/or other content featured on the Sites (collectively, “content”);
Signs up to receive the Sooma food delivery service, which includes processing and delivery of orders (the “Sooma service”);
Accesses links to Sooma’s social media pages/accounts on third party social media websites, such as Facebook, Instagram, Pinterest, Twitter and Youtube (collectively, “social media pages”);
Purchase, redeem, or sign up to receive or send Sooma gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“gift cards”)
Enters one of the sweepstakes contests and/or promotions offered by Sooma for time-to-time (“promotions”); and/or
Utilizes the site’s many interactive features deisgned to facilitate interaction between the end-user, Sooma and other site uses including, but not limited to, blogs and associated comment sections located in the designated areas of the site (collectively, the “interactive services” and together with the site, content, Sooma service, social media pages, gift cards and promotions, the “Offerings”).
If you have any questions about the Agreement or the Site please access our Frequently Asked Questions or email our Customer Service team at firstname.lastname@example.org
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that:
Any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and
Any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.
The latest Agreement will be posted on the Site, and you should review the agreement prior to using the Sooma Offerings. By your continued use of any of the Sooma Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Information about us
Sooma, Inc., is a general corporation incorporated in the State of Delaware with general corporate offices at:
1776DC: Sooma, Inc.
1133 15th St. NW, 12th Floor
Washington, DC 20005.
Sooma’s Service and Service Availability
Sooma’s Meal Kit service is an a-la-carte ordering service. As a part of the Service, we offer a number of options that you may choose from and a number of delivery days you may choose from. At this time, we only accept orders from individuals living in Washington, DC, Arlington County, VA, and Alexandria County, VA (collectively, serviceable area). As such, by placing an Order through our Sites, you warrant that you are a current resident of a serviceable area or ordering with the intent of delivery within the serviceable area.
Access to the Sooma Service
In order to utilize specific features on the Sites, individuals will need to create an account with Sooma. Should you create an account with Sooma, you agree (1) that you are an adult (18 years or older); (2) to provide the accurate and up-to-date information, as well as updating the information as necessary; maintain the security of your password and accept the risks associated with access to your account which is not authorized by your; and (3) to notify us as soon as possible at email@example.com if you believe that there have been any breaches to the security of the Sites or your account information. You acknowledge that from time to time the Sooma Service or this Site may be inaccessible or inoperable for any reason, including without limitation: equipment malfunction; periodic maintenance procedures or repairs which Sooma may undertake from time to time; or causes beyond the control of Sooma or which are not reasonable foreseeable by Sooma.
Delivery of Products
Sooma uses local contracted couriers and refrigerated shipping solutions to maintain the quality and integrity of your products. We carefully package each delivery to ensure that food products will remain fresh in your unopened delivery box at room temperature (i.e., 78 degrees Fahrenheit) for six (6) hours from the time of delivery. However, you as the customer are the ultimate arbiter of freshness and should always inspect your delivery boxes to confirm the contents arrive in a cool, refrigerated condition and use a thermometer to ensure that that the internal temperature of any meat and fish products is and remains at or below 41 degrees Fahrenheit. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon delivery. In the unlikely event a fresh food product arrives at a temperature above 41 degrees Fahrenheit, you should contact our customer service and discard the item. Products are solely at your risk from the time of delivery. You, and not Sooma, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the meals following delivery. Sooma recommends that all cooking instructions specified be followed, and that all meats, poultry, and seafood are cooked to the USDA recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees Fahrenheit for whole meats; 145 degrees Fahrenheit for seafood). Additionally, all fresh produce should be washed prior to using. To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. For orders made online, we will deliver between 4-7:30AM ET during all delivery days. If your complex has a doorman, we will leave the package at the front desk. If not, we will drop the package off and send a detailed description and photocopy of where we left the package. If something is missing from your order, please email our Customer Service department at firstname.lastname@example.org. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Sooma Satisfaction Guarantee
All of our products and services are backed by a freshness and quality guarantee for 4 days after the receipt of your delivery. If for any reason you are not satisfied with a meal ingredient please contact us via email at email@example.com within seven (7) days of delivery. Depending on the circumstances, we may provide you with credits for meal ingredients that will automatically be applied to future deliveries or we may, in our sole discretion, provide you a full or partial refund of the purchase price of that meal or meal ingredient. Sooma may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher or give you cash back.
Ordering Through The Site
Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can make changes to or cancel your order up to 24 hours before your delivery day. Cancellation of orders after the required cutoff time will result in a full charge.
Third-Party Information Providers and Merchants
In certain cases, the Sooma Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Sooma. In such instances, Sooma acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Sooma makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Sooma makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a Meal Kit, to discountinue the use of any ingredient or Product, or to substitute any ingredients or entire Meal Kits, all without notice. While we make every effort to ensure that you are prodivded with the very best ingredients for our Meal kits, these switches may occasionally be requires. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, of either an ingredient or a Meal Kit, please contact us at firstname.lastname@example.org. Additionally, please note that, on occasion, Sooma will include products from our partners in our Meal Kits, which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to section 22 to review our allergen policy.
Dietary Preferences and Restrictions
Sooma does not guarantee the accuracy of any nutritional information provided by Sooma. Sooma will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. Sooma stores, portions, and packs meals containing all eight (8) major US allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). Although Sooma takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of these allergens.
We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. All prices shown on the Sites are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Sites. Prices, taxes or other fees may vary geographically. We reserve the right to limit your order or the quantity of a particular product that you may order.
Credit Card Payment
Sooma reserves the right to execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to Sooma is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank's rules). If you experienced trouble enrolling with Sooma, you may see multiple $1 authorizations. These multiple charges (up to $5) will expire in a few days. Your credit/debit card will be charged for your order immediately upon checkout. Sooma will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Sooma reserves the right to collect funds for any uncollected transactions owed to it. Sooma may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Sooma may charge such amount directly to the credit card identified in your Customer Account Information and Sooma may suspend or terminate your access to the Sooma Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sooma may incur in its efforts to collect any unpaid balances from you. Your right to use the Sooma Service is subject to limits established by Sooma and/or by your credit card issuer. Sooma is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons at this time.
You may purchase and/or otherwise receive Gift Cards through the Sites. You must create or have an existing and valid account with Sooma in order to redeem a Gift Card. All accounts are subject to the Terms in all respects. Sooma Gift Cards may be redeemed on the Sites. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Sooma Offerings until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Sooma is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable.
Sooma may offer discounts, free/discounted trials, or other types of vouchers (“Promotion”). In order to utilize the offer on the Promotion, users need to create an account through the Sites and input their information and the code found on the Promotion (“Promotion Code”) to redeem. If you purchase any Promotion, Promotion is deemed sold at the time of payment for it. A Promotion may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Promotions are only for first-time users of Sooma, unless the Promotion states otherwise. Sooma reserves the right to withdraw or deactivate any Promotion (other than one which has been purchased) for any reason, at any time. Promotions may only be redeemed through our Sites, and not through any other website or method of communication. To use your Promotion, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and any special conditions attached to the Promotion.
Copyright and Ownership.
All Site Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Sooma. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Sooma for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Sooma is strictly prohibited. You acknowledge that Sooma and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Sooma reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Sooma.
"Sooma," all Sooma logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Sooma, Inc. or otherwise proprietary to Sooma, Inc. and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Sooma Offerings are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using our Sites or the Sooma Service.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Sooma Service, which includes, without limitation, use of the Sooma Service to:
disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;
disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Sooma Service or any other computer network;
disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
engage in any other activity deemed by Sooma to be in conflict with the letter or intent of the Agreement.
Non-user Third Party Content
We may display content, advertisements, and promotions from third parties through the Sites, in mailings or emails containing information regarding other companies, or with or contained within Sooma’s Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by Sooma, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content through or on Sooma’s Offerings (including, but not limited to, our Site, App, Social Media, other Content, or Products) are solely between you and such third parties.
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Sooma; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Sooma without Sooma’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Sooma Content, the Sites without our prior written consent; (8) use the Sites in any way that prevents or inhibits other end-users from fully utilizing the Sites, or in a way that could overburden or interfere with the functioning of the Sites in any manner;(9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Sooma has not authorized to access the Sites, to retrieve or index data; (10) decipher or reverse engineer any portion of the Sites that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Sites which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Sites for any illegal purpose.
Pursuant to the specifications located in these Terms, the Sites or any social media platforms on which Sooma has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Prohibited Uses and User Content Standards set out in Sections 16 and 19.1 of these Terms, respectively).
You understand and acknowledge that you are responsible for any User Content you submit or contribute and your use of any Interactive Areas of the Sites, and you, not Sooma, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish.
User Content Standards
Any User Content you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content on the Sites, you represent and warrant that:
you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
you grant Sooma and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
all of your User Content does and will comply with these Terms.
By using the Interactive Areas of the Site and App, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by Sooma in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, or harassing; (3) Any content that violates the proprietary rights of a third party; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site and App; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to Sooma), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, Products, or Offerings, or that may expose Sooma or others to any harm or liability of any type.
Although we are not required to regulate User Content, we reserve the right, in our sole discretion, to monitor, edit or remove User Content posted or stored on the Sites for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites, to our pages or feeds on third party social media platforms (e.g., Soooma’s Facebook page, Instagram page, or Twitter feed), you hereby: (1) grant Sooma and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable 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; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize Sooma to use such User Content for the purposes described in these Terms, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) 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.
You agree to defend, indemnify and hold harmless Sooma, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Sites, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Sooma of any third-party claims, cooperate with Sooma 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). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sooma.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN SOOMA’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE SOOMA TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. SOOMA DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITES IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT SOOMA IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Specifications Related to Warranties
WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE 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. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOOMA, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
ADDITIONALLY, IN NO EVENT SHALL SOOMA BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SOOMA, OR FROM EVENTS BEYOND SOOMA’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE SOOMA PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH SOOMA PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF SOOMA SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NEW JERSEY, FOR EXAMPLE, SOOMA’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM LIMITATION AVAILABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, THE NEW JERSEY PRODUCT LIABILITY ACT, THE NEW JERSEY CONSUMER FRAUD ACT, TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT, AND OTHER RELEVANT LAWS OR REQUIREMENTS. IF YOU HAVE ANY QUESTIONS PERTAINING TO THE LIMITATIONS OF LIABILITY DESCRIBED IN SECTION 23, PLEASE EMAIL email@example.com.
THE LIMITATIONS SET FORTH IN THIS SECTION 23 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
Modifications to the site and products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
Disputer Resolution & Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SOOMA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Is Binding. YOU AND SOOMA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND SOOMA ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR OFFERINGS THROUGH THE SITE AND/OR APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
This shall not apply to any disputes arising from Section 15, disputes in which a party seeks to resolve an issue in small claims court, seeks injunctive relief, or other equitable relief related to the use of proprietary rights.
Preliminary Resolution Attempts. You agree to notify Sooma within forty-five (45) days of the occurrence or alleged occurrence of any dispute that could rise to become a small claim or claim that can be arbitrated according to these Terms. Notification can occur by contacting Sooma at firstname.lastname@example.org or by mailing us at 1133 15th St. NW, 12th Floor, Washington, DC 20005. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days. If we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration in accordance with these Terms.
Waiver of Class Actions & Class Arbitrations. To the fullest extent permitted by law, you agree to arbitration on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against Sooma. In any such dispute, NEITHER PARTIES ARE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless both you and Sooma agree otherwise, the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney’s fees and court costs that Sooma incurs in seeking such relief.
This provision preventing you from bringing, joining, or participating in class action lawsuits and class arbitrations: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. The arbitral tribunal has no power to consider the enforceability of this class action and class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. You may opt-out of these dispute resolution provisions, pursuant to Section 25.5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Arbitration Proceedings. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Opt Out Rights. You may pursue your claim in small-claims court rather than arbitration (as it pertains to Section 24) if you provide written notice of this intention within sixty (60) days of the day you agreed to (or are determined to have agreed to) these Terms. If you choose to opt out, send written notice to: Compliance, Sooma, 1133 15th St. NW, 12th Floor, Washington, DC 20005. Please include your name, contact information, and a clear statement that you would like to opt out of the provisions related to binding arbitration. Please note that, all other provisions of the Terms, including Section 25, will still apply. The Arbitration or smalls-claim court proceeding will be limited solely to your individual dispute.
Governing Law and Venue
All matters relating to these Terms, your access to and use of the Sites, and your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict of law rules or provisions (whether of the District of Columbia or any other jurisdiction). Any dispute arising out of, or related to, these Terms or Sooma’s Offerings that is not subject to arbitration or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts of the District of Columbia and the United States, respectively, sitting in the District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Termination and Survival
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery, to the fullest extent permitted by applicable law.
Severability and Waiver
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by Sooma of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the whole agreement between you and Sooma, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Sooma. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Additional Terms For Business Partners and Customers Only
This section applies to Sooma Business Partners and Customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect to Business Partners and Customers. All other terms of the Customer Agreement, above, apply to Business and Nonprofit Partners and Customers (“Partners”).
Sooma Service Ordering. Delivery is available on select holiday weekdays and weekends. Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order any time, up to 3 days before your delivery date. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Web up until the posted cutoff time for that delivery. You may cancel orders via the site or by contacting Customer Care at email@example.com. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will result in a restocking fee equal to the fees described in the main Customer Agreement. To receive delivery, your requested delivery destination must be in a commercial building where Sooma is permitted to make deliveries and you or an alternate receiver must be present to receive your order from our driver during your selected delivery window. This alternate receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed authorized to receive the delivery. If you and your alternate receiver are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a fee as described above.
Resale and Redistribution. Sooma reserves the right to allow Partners to resell or redistribute Sooma Offerings. Please contact our Customer Care team at firstname.lastname@example.org to obtain your authorization. Partners who are eligible to resell or redistribute Sooma Offerings are not allowed to: (1) take payment in the form of online transactions; (2) sell to other businesses or nonprofits; (3) repackage, prepare, or sell individual items within the Meal Kits, (4) advertise or market directly against Sooma’s direct-to-customer marketing efforts for the same Offerings at a lower price, or (5) sell above market prices set by Sooma. Sooma reserves the right to immediately revoke resale and redistribution rights from Partners with or without cause.