Terms and Conditions
- BINDING AGREEMENT. These are the Terms and Conditions which govern the use of the Yogiplate, LLC website. By ordering any of our meals or using the Yogiplate website (www.Yogiplate.com ), you agree to be legally bound and abide by these Terms and Conditions, just as if you and Yogiplate had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them.
By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers. The law requires us to obtain your consent before we may contact you using our emails. You are not required to give your consent (however it may impact our ability to provide offers to you) and you may cancel this consent at any time by unsubscribing or emailing [email protected]. Rest assured we take your privacy very seriously and your information will never be shared with or sold to any third parties.
- PAYMENT. We accept all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value of delivery days upon ordering. Taxes apply and may vary. Yogiplate believes in the pay as you go model. You will pay at time of ordering at the checkout page and you will not be billed unless you select to be part of our auto-renewal/subscription plan program. If you choose to be in auto-renew/subscription plan or buy a meal that mentions you will be placed in auto-renew, your card will automatically be re-billed at the beginning of each week. You will be billed the same amount based on the subscription plan that was originally signed up for. You can upgrade at any time. If you choose to cancel your subscription, you can do so by going to your profile on the website and click orders to cancel. If the credit card we have on file for you is declined for payment of your subscription, we may cancel your subscription, as applicable, unless you provide us with a new credit card.
- CANCELATION POLICY. After checking out, or submitting a deal order (E.g by clicking “Process order” or “Submit order”) your order will be final. a refund will be applied towards your card used in purchase. No refunds will be accepted for the same day order. Your cancellation requests are not received at least 1 business day prior to subscription order, you will be automatically re-billed for another cycle and will be obligated to continue service through the end of that cycle. If you choose to cancel your specific order or subscription, you can do it online from your dashboard → order.
- DELIVERY. YogiPlate makes its best efforts to deliver your meals on time. Delivery hours are between the hours of 11:59 am and 12:59 pm. Our delivery area is displayed in our Delivery hub of the website, and we may only deliver to areas in the highlighted sections. A delivery fee will be added to your order/plan for destinations outside of our delivery area (Delivery fees subject to area). We depend on the information you supply when selecting a delivery hub, and will do everything in our power to deliver in a timely fashion to that hub location. If for any reason your meal is undeliverable because of a wrong address, no one is able to pick up the meal, your meal cannot be reimbursed as we fulfilled our obligation of cooking and delivering your meal. If you have an issue with a delivery or situation, you may email us at [email protected]
- COMMUNICATIONS. When you visit the Yogiplate website or sign up for meal deliveries from Yogiplate, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, Yogiplate may deliver communications (including legal notices) to you at the street address provided in your Yogiplate account. Finally, Yogiplate may deliver communications to you by any means set forth in any other Yogiplate policy or notice published on the Website. By becoming a customer, or by completing any of our online forms at www.Yogiplate.com, you agree to be automatically opted in to be contacted by phone, email, mail or by text for a variety of promotional or account-related messages by Yogiplate and any of Yogiplate`s subsidiaries or 3rd party preferred marketing partners. If at any time, you wish not to receive communication(s) from us, you can opt-out of our emails by clicking the Unsubscribe button in the footer of our emails. If you wish for us not to contact you by phone, please email [email protected] and ask to be placed on our Do Not Contact list. All mobile subscribers may at any time, for any reason, opt out of the mobile marketing campaigns after receiving a text from us by replying STOP.
- ALLERGIES. Yogiplate cannot accommodate customers with severe or life-threatening food allergies. By signing up for Yogiplate, you agree to our terms and conditions and understand that Yogiplate is not responsible for any food-related allergic reactions that may occur whether it be mild or severe. We prepare our food in a facility that handles nuts, gluten, dairy, and other common food allergens. We cannot guarantee no cross-contamination. We urge you to use caution when choosing Yogiplate. If you have a moderate to severe food allergy, we cannot serve you. Please contact Customer Service at (669) 245-6411 if you have any questions regarding this warning.
- ADVICE. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or healthy plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.
- RESTRICTIONS ON USE OF WEBSITE Unless otherwise specified, Yogiplate grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Yogiplate. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yogiplate without our express written consent. You may not use any metatags or any other hidden text utilizing Yogiplate`s name or trademarks without the express written consent of Yogiplate. Any unauthorized use terminates the permission or license granted by Yogiplate. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Yogiplate, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Yogiplate logo or other proprietary graphic or trademark as part of the link without our express written permission.
- AGREEMENT CHANGES. We may, in our discretion, change the Terms and all elements of them and any aspect of the Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your subscription.
- DISCLAIMERS AND LIMITATION OF LIABILITY. Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Yogiplate, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Yogiplate does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY YOGIPLATE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOGIPLATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOGIPLATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL YOGIPLATE OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF YOGIPLATE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL YOGIPLATE`s LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY YOGIPLATE OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Yogiplate or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Yogiplate, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.
- LINKS TO OTHER SITES. The Website may reference or link to third-party sites throughout the World Wide Web. Yogiplate has no control over these third-party sites or the content within them. Yogiplate cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Yogiplate does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Yogiplate does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Yogiplate for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
- INDEMNITY. You agree to defend, indemnify, and hold Yogiplate and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Yogiplate, and that no liability may attach to Yogiplate in case of such violation by you.
- APPLICABLE LAW. The Website is created and controlled by Yogiplate, LLC in the State of Florida. The laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Yogiplate reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.
- ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.
- COPYRIGHTS. Copyright © Yogiplate, LLC. (Yogiplate, Yogiplate.com). 2021-current. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Yogiplate [or its content suppliers] and are protected by United States and international copyright law. Yogiplate enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. Yogiplate is a trademark of Yogiplate, LLC.