Terms & Conditions
Terms and Conditions
Last updated: December 1, 2020
Welcome to MeSous, Inc. (including its affiliated and associated companies and entities, collectively, the “Company,” “Me Sous,” “we,” or “us”). We provide the website located at mesous.com (the “Me Sous Website”), as well as several Services. By “Services” we mean the Me Sous Website and any downloadable software, mobile applications (including tablet applications), consulting and other services provided by us, or any digital media on which a link to this Terms and Conditions is displayed, and all other communications with individuals through written or oral means (such as email or phone) directed at accessing or using any service we offer.
- Acceptance of Terms
The Services are subject to the following Terms and Conditions (the “Terms”) which form a binding agreement between you and us, and govern your use of our Website and the Services.
We reserve the right to update the Terms and/or the Me Sous Services at any time. The most up-to-date version of the Terms will always be available on mesous.com. Violating these Terms may result in the suspension or deletion of Services.
- Me Sous shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Changed Terms
Me Sous reserves the right at any time to change or modify the terms and conditions that apply to your use of the Website or Services, or any part thereof, or to impose new conditions, including but not limited to usage or service fees. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on mesous.com, email notifications, conventional mailings, or other commercially viable means. Any use of mesous.com after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. You understand and agree that these Terms may be entered into electronically and you further agree that Me Sous may provide information or updates to you relating to the Services or these Terms, including materially relevant information, by electronic means, including through its Website, by electronic mailing, or any commercially reasonable method of electronic communications. You agree that to accept such means of communication. Notwithstanding the foregoing, Me Sous reserves the right to communicate with you through paper format, via United States postal mail, FedEx, UPS, facsimile transmission, or other means so long as such means of communication are commercially reasonable.
- Description of Me Sous Service
Me Sous operates and provides a gourmet meal delivery service, focusing on delivering meals sponsored by restaurants and celebrity chefs in the New York area to its Customers’ homes. The Me Sous Service and Website are subject to these Terms.
You shall be responsible for obtaining and maintaining all telephone, wireless services, computer hardware, software, and other equipment needed for access to and use of the Services, and all charges related thereto.
- You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Me Sous’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in Me Sous’ discretion restricts or inhibits any other Me Sous customer, client or Services user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation of users to become subscribers of other information services that compete with Me Sous’ Services.
- Me Sous Services contain copyrighted material, trade secrets, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound; the entire contents of the Website is copyright protected under the United States and international intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Creation and use of a Me Sous account for an individual or entity who does not have a relationship with Me Sous is a violation of these Terms. Except as otherwise expressly permitted under copyright law, no copying, redistribution, reverse engineering, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Me Sous and the intellectual property owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- The foregoing provisions of Section 5 are for the benefit of Me Sous, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Use of Me Sous Services
*Deliver any unsolicited promotional materials, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
*Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
*Use any material or information, including images or photographs, which are made available through the Me Sous Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
*Deliver any unsolicited advertisement or offer to sell or buy any goods or services for any business purpose.
*Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
*Restrict or inhibit any other user from using and enjoying the Me Sous Service.
*Violate any code of conduct or other guidelines which may be applicable for the Me Sous Service.
*Harvest or otherwise collect information about others, including e-mail addresses.
*Violate any applicable laws or regulations.
*Create a false identity for the purpose of misleading others, including Me Sous.
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
*Use outputs from Me Sous to build products or services that compete with the Services or in a manner inconsistent with these Terms.
Me Sous has no obligation to monitor the Website. However, Me Sous reserves the right to review materials posted to the Website and to remove or modify any materials and content in its sole discretion. Acting in a manner proscribed above is considered a material breach of these Terms and Me Sous reserves the right to terminate your access to its Service in that instance without notice. Me Sous reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, all in Me Sous’ sole discretion.
Materials uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifiable information in any website. Except as to information created or communicated by Me Sous, we do not control or endorse the content, messages or information found on the Website and, therefore, Me Sous specifically disclaims any liability with regard to the Website and any actions resulting from your participation on the Website.
- Member Account, Password & Security
Use of the Services may require you to create a user account and complete a registration process by providing Me Sous with current, complete and accurate information as applicable to the Service. This may involve choosing a password and/or a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Me Sous immediately of any unauthorized use of your account or any other breach of security. Me Sous will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Me Sous or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Nor may you establish an account for the purpose of providing a third party service offering if those third parties have not created personal Me Sous accounts in their own names. You agree and acknowledge that you are responsible for maintaining the confidentiality of your password and login.
You shall use all commercially reasonable efforts to ensure that only persons authorized to have access to the Me Sous Website are granted such access including but not limited to maintaining effective safeguards, policies and procedures designed to protect the confidentiality of usernames and passwords and to secure the applicable network from unauthorized access or intrusion, and that all persons who access the Me Sous Website on your behalf comply with these Terms. You shall be responsible to Me Sous for the acts and omissions of all persons who access and/or use the Me Sous Website by or through you, or as a result of your acts or omissions, whether or not such access and/or use is authorized.
- Representations and Attestations
You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in on the Website and any Services offered therein for download, viewing, or use.
- Notice Specific to Documents that Are Available on The Website
Permission to use documents that may appear on the Website (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties.
- Notices Regarding Me Sous Documents, and Services that Are Available on the Website
Me Sous may from time to time provide automatic alerts related to your Me Sous account.
Automatic alerts may be sent to you following certain changes made online to your Me Sous account, such as a change in your Registration Information or enrollment in any automatic payment option.
Voluntary account alerts may be turned on by default as part of the Services provided in connection with your Me Sous account. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your Me Sous accounts. Me Sous may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for your Me Sous account. You may also be able to choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Alerts may include your Me Sous Website Login ID and certain information about your Me Sous accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Me Sous does not guarantee the delivery or the accuracy of the content of any alert and shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Materials Provided to Me Sous or Posted on its Website
- Me Sous does not claim ownership of the material that you provide to Me Sous while using Me Sous’s Services, including feedback, suggestions, postings, uploads, or input provided to Me Sous (collectively, “Submission(s)”).
However, by posting, uploading, inputting, providing, or submitting (collectively, “Posting”) Submissions you grant Me Sous, its affiliated companies and their collective sub-licensees permission to use your Submissions in connection with the operation of the Website. These rights include without limitation the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; to design improvements to the software and analyze data relating to your Submissions; and the right to sub-license such rights to any supplier of the Services. The rights granted in this paragraph specifically exclude anything that would violate applicable laws or regulations.
No compensation will be paid with respect to the use of your Submissions, as provided herein. Me Sous is under no obligation to post or use any Submissions that you may provide and Me Sous may remove any Submissions at any time in its sole discretion. By Posting Submissions you warrant and represent to own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- IT IS SOLELY YOUR RESPONSIBILITY TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE DATA TO US. In furtherance of our providing the Services to you, you must keep your account registration information up-to-date and accurate. Failure to do so will affect the accuracy and effectiveness of the Services.
- Disclaimer of Warranty; Limitations of Liability
Except as provided below in the Indemnification section of these Terms:
- USER EXPRESSLY AGREES THAT USE OF ME SOUS’ SERVICES IS AT USER'S SOLE RISK. NEITHER ME SOUS, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ME SOUS’ SERVICES WILL BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH SUCH WEBSITE.
- ME SOUS PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ME SOUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL ME SOUS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
- FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
- EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL ME SOUS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ME SOUS SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE ME SOUS SERVICES.
- Links to Third Party Sites
Links to third party sites may appear on Website or Services. Clicking these links may direct you away from the Website; Me Sous is not responsible for the content that you may encounter on any of these third party sites. Should these links ever be provided through the Services, they will be provided only as a convenience for you and the inclusion of said links does not imply an endorsement of any kind.
Should Me Sous supply you with links to third party sites, it would do so only as a distributor as opposed to a publisher of the content supplied by third parties. Any opinions, advice, statements, services, offers, or other information that are expressed or made available by third parties, including information providers, customers of Me Sous or any other user of Services, are those of the respective author(s) and not of Me Sous.
Me Sous shall have the right, but not the obligation, to monitor the content of the Website, in its discretion and to satisfy any law, regulation or authorized government request. Me Sous shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on mesous.com if and when such features of the site are activated. Without limiting the foregoing, Me Sous shall have the right to remove any material that Me Sous, in its sole discretion, finds to be in violation of the Terms or is otherwise objectionable.
You agree to defend, indemnify and hold harmless Me Sous, its affiliates and their respective directors, officers, employees and agents from and against any actual or alleged claims, actions, demands, costs, fees, liabilities, expenses, and settlements (including, without limitation, reasonable legal, accounting and expert fees), arising from or related to your tortious, grossly negligent, or intentional misconduct in connection with any use of the Services by you or in association with your account.
- Term and Termination
Meal kits will be available for single purchase or in multiples as part of a pack option (“Pack”). Unless stated otherwise in writing, your purchase of the Me Sous Services (“Me Sous Purchase”) will be effective upon completing the Me Sous Website’s registration process and paying the associated fees for your selected meal kit or Pack unless otherwise terminated in accordance with these Terms. Any unused credits included in a Pack shall expire fourteen (14) months from the effective date of the Me Sous Purchase.
We may for reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the Me Sous Website or the delivery of the related Services; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to any or all the Me Sous Website as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and Me Sous, or your violation of any applicable laws, rules, regulations relating to your use of Services.
Your access to and use of the Me Sous Website is subject to compliance with all of the terms and conditions set forth in these Terms. Me Sous reserves the right, at its sole discretion, to deny further or continuing access to the Me Sous Website to any user, including, without limitation, any user that Me Sous determines, in its sole judgment, has violated, or is likely to violate, any aspect of this Agreement or any applicable law, rule or regulation. Without limiting the foregoing, Me Sous shall have the right to terminate your accounts immediately in the event of a material breach of these Terms.
You are fully responsible for all of your activities in using the Services, including the Me Sous Services, and including those activities carried out by, and the acts or omissions of, all persons who access and/or use the Me Sous Website or Service by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Website, comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of Me Sous, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by Me Sous; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify Me Sous thereof in writing, including by sending an email with the requisite detailed information to firstname.lastname@example.org.
- Copyright Notice
All content included in or made available through any Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Me Sous or its content suppliers and protected by United States and international copyright laws. Copyright and other relevant intellectual property rights exist on all text relating to Me Sous’ Services including the full content of the Website. The compilation of all content included in or made available through any Services is the exclusive property of Me Sous and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Me Sous Services are trademarks or trade dress of Me Sous in the United States and other countries. Me Sous’ trademarks and trade dress may not be used in connection with any product or service that is not Me Sous’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Me Sous. All other trademarks that are not owned by Me Sous that appear in any Me Sous Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Me Sous.
Any rights not expressly granted herein are reserved.
©2020, MeSous, Inc.