TERMS AND CONDITIONS OF USE
July 20, 2022
Terms of Use: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING EATAVERSE.NET WEBSITE OR EATAVERSE APPLICATION (collectively, the “Eataverse Platform”). All users of the site and application agree that access to and use of the site and application and any orders you place on this site or application are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or application.
Copyright: All content in this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Eataverse. The collective work includes works that are licensed to Eataverse, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Eataverse or purchasing Eataverse products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different pages of the site solely for your own non-commercial use or to purchase Eataverse products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Eataverse. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks: All trademarks, service marks and trade names of Eataverse used in the site are trademarks or registered trademarks of Eataverse.
Errors and Omissions: In the event that the website or application has an error or an incomplete statement about a Eataverse product or otherwise, such as an incorrect price or nutrition fact, Eataverse declines any responsibility for the error and/or the omission, and cannot be held accountable. Eataverse reserves the right to correct or amend the statement or information at their convenience, and refuse or cancel any orders involving the incorrect information, whether or not the order has been confirmed and the User’s credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Eataverse shall issue a credit to your credit card account in the amount of the incorrect price.
Third-Party Links: In order to provide increased value to our visitors, Eataverse may link to sites operated by third parties. However, even if the third party is affiliated with Eataverse, Eataverse has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Eataverse. These linked sites are only for your convenience and therefore you access them at your own risk.
Participation Disclaimer: Eataverse cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Eataverse is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Eataverse reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Eataverse in its sole discretion.
Warranty Disclaimer: This site, application and the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, Eataverse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Eataverse does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Eataverse does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
ADA – Americans with Disabilities Act: Eataverse encourages visually impaired and other users with disabilities to visit the Eataverse website and take advantage of our menu of healthy meals. We strive to enhance our website in order to make it as friendly as possible for people with disabilities. For any question or feedback, please call our Customer Service department at +1 713-254-0765.
Notices: Eataverse may deliver notices to Users by means of e-mail, a general notice on the site, or by any other methods deemed reliable and effective.
Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Eataverse or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organizations, and you will be held accountable for that.
Nutrition Disclaimer: This Site is not a substitute for the services of a trained health professional. Although we provide nutritional information for our recipes, the information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. It is your responsibility to consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. Please discuss any concerns with your physician or registered dietitian.
Use of “Cookies”: This site uses “cookies”, small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
Information Collected: While you may visit the Site anonymously, Eataverse collects information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, and in other circumstances. Such information includes, but is not limited to (Your name, e-mail address, mailing address, phone number, credit card information or other information. When applicable, information about gift recipients so that we can fulfill your gift purchase.)
Privacy Policy: At all times Eataverse will make best effort to keep any personal information confidential. We do not under any circumstances share the information of our customers with any other unaffiliated third parties, other than our business partners that assist us to provide you with our products and services, such as shipping companies, etc., unless such disclosure is necessary to (a) comply with a court order or other legal process, (b) protect your rights or our property; or (c) enforce the Legal Statement of this Site. We implement a variety of security measures to maintain the safety of your personal information. Your personal information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Use of Personal Information: We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except as specified in the Privacy Policy. The term “outside parties” does not include Eataverse. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Data Breach Exclusion: Notwithstanding our Privacy Policy, and while we take best effort to protect your data, we do not warrant that your personally identifiable information cannot be breached by malicious parties or by mistake. You will indemnify, defend, and hold harmless Eataverse from any liability resulting from a data breach or any inaccurate credit transaction. If you identify an error in the credit card charges resulting from a transaction with Eataverse, it is your responsibility to work with the card provider to correct them.
Opting Out: You can opt-out, remove or modify information you have provided to us. To modify your e-mail subscriptions, please modify your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Limitation of Liability: Eataverse shall not be liable for any direct, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the consumption of our products, even if Eataverse has been advised of the possibility of such damages. The total liability for Eataverse from any claim, whether direct, indirect, consequential, or other, can never exceed the value of the transaction that gave rise to it. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification: You agree to indemnify, defend, and hold harmless Eataverse, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Governing Law: Any disputes arising from use of this site shall be governed by the laws of the State of Arkansas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Eataverse products) must be commenced within one (1) week after the claim or cause of action arises. Eataverse’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Eataverse may assign its rights and duties under this Agreement to any party at any time without notice to you.
Terms of Sale: Your purchase of products from Eataverse is subject to the following Terms and Conditions.
Orders: By placing an order or otherwise interacting on the Eataverse website, Customers transact with Angelie D2C LLC. The meals included in your purchase are as detailed in the transaction notice issued upon your order. Such receipt is presumed conformant to your request unless you issue a written note indicating any discrepancy, within 24 hours of the time of order. Any communication to you is sent to the email address you have specified in your order, you are responsible for checking your spam folder as well in case your system has not recognized our address as a legitimate source of messages.
Products: The product being sold is pre-packaged meals, cooked fresh and delivered frozen. The picture of each meal on the website is illustrative but not binding, as the vegetable mix included with each dish may have to be adjusted to reflect ingredient seasonality.
Refrigerated Condition: To be safe to eat, the meals must be fridge-cold when received. If thawed, store in fridge and enjoy in 1-2 days. If frozen, promptly store in freezer to retain long term safety. Do not re-freeze if thawed. Follow re-heat instructions on web site or package to consume. Eataverse takes no responsibility for food quality issues, if storage and reheat instructions are not properly followed.
Typographical Errors: In the event that a Eataverse product is mistakenly listed at an incorrect price, Eataverse reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Eataverse reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Eataverse shall issue a credit to your credit card account in the amount of the incorrect price.
Nutritional Content: The nutritional data on the product labels shown on this website is an accurate estimate to the best of our knowledge. Eataverse however makes no warranty that this information is accurate or complete, nor that our food prep process conforms to the nutritional data each time. Eataverse undertakes to investigate any reported discrepancy on a best effort basis. Variations may occur naturally due to product origin and freshness of ingredients as well as various factors in the food preparation process. You indemnify us from any liability arising from variation in content and discrepancies from listed content and related issues.
The nutritional data on the product labels published is an accurate estimate to the best of our knowledge. Eataverse however makes no warranty that this information is accurate or complete, nor that our food prep process conforms to the nutritional data each time. Eataverse undertakes to investigate any reported discrepancy on a best effort basis. Variations may occur naturally due to product origin and freshness of ingredients as well as various factors in the food preparation process. You indemnify us from any liability arising from variation in content and discrepancies from listed content and related issues. Medical Conditions: Eataverse does not represent nor in any way state that the meals delivered are appropriate for Customers with medical conditions, such as those requiring low sodium or other restrictions. Our meals are not intended for people under dietary restrictions due to medical conditions or allergies, unless the Customer is following the guidance of his/her own dietitian, who has determined under his responsibility that Eataverse meals are adequate notwithstanding this disclaimer. If a Customer requires meals with certified nutritional content, we recommend that he or she looks for other products and other suppliers. You indemnify us from any liability arising from the consequences of incorrect nutritional content on yourself and on the condition of other people who have consumed the meals you purchased from Eataverse.
Ingredient substitution: Eataverse may have to replace an ingredient with a similar one, in case the original ingredient becomes suddenly unavailable, in order to fulfill the order.
HIPAA compliant information handling: The Customer authorizes Eataverse to disclose information relating to Customer’s medical condition to Eataverse employees and contributors. The Customer also authorizes Eataverse to print information on the delivery box that may allow casual observers to identify the medical condition of the recipient (such as terminology like “renal” or “diabetic” or “dialysis”). The Customer holds Eataverse and its officers, suppliers, and employees harmless in case a HIPAA violation is determined.
Allergies: Unfortunately, we cannot always modify our ingredients in response to any food allergies or other conditions that you may report to us. Also, while we strive to follow your directions, we cannot guarantee that our tools and thus your meals have not come into contact with different ingredients, no matter how many precautions we take. If in doubt about any consequence to your health from our ingredients or our preparations, please abstain from ordering and consuming our meals. You indemnify us from any liability arising from food poisoning, allergic reactions, and related conditions.
Delivery Address: Customer is responsible to check that their order has the correct “ship-to” address. P.O. Box numbers are not acceptable as a delivery address. For deliveries to a business, Customer needs to indicate the name of the business. Eataverse takes no responsibility for address errors in the order record. If the carrier delivers to an address incorrectly specified by the Customer, or if the carrier cannot deliver due to an address error, the order is still considered fulfilled. If the address change is requested after shipment, while the package is in transit, Customer will be responsible for any additional fees charged by the carrier for the re-routing. Eataverse will use best effort to immediately notify the carrier, but takes no responsibility for delivery delays that may damage the food.
Pickup: Pickup is currently available at 3 locations in NWA:
2200 SE J St, Suite 18, Bentonville, AR 72712
115 North Dixieland Road #9, Rogers, AR 72756, USA
100 S Main St, Bentonville, AR 72712, USA (Saturday Market)
Once your order is ready for pickup you will receive a notification by email or text message.
Porch Pirates: Eataverse takes no responsibility if porch pirates steal a meal box, or damage it in any way after it has been delivered to the Customer’s door.
Payment: Payment is upon order, with one of the approved payment methods.
Delivery Lead Time: Any delivery lead time provided by Eataverse on their website or otherwise is an estimate and not a commitment. It is triggered by receipt of Customer funds, not by Customer order date. All lead times are intended to be business days. Fridays are not counted as business days for the purpose of delivery lead time calculation. Any special instructions will extend delivery time.
Delivery Issues: If a delivery is late or otherwise compromised, Customer must notify Eataverse within one week of order date, for best effort remedial action. Eataverse is in no way obliged to remediate carrier errors or mishandling of packages. Any complaint or claim brought up more than one week after order date are considered void. If a Eataverse delivery is received with no coolant or with warm meals, Customer is responsible for notifying Eataverse immediately, else Customer loses any recourse with Eataverse.
Special Delivery: If a specific delivery date is requested, Eataverse will make a best effort to hit it, but does not commit to. In case the delivery occurs on a different date, Eataverse has no liability to the Customer and the order is considered fulfilled. The same applies to special delivery requests, such as calling in advance.
Fulfillment: Your order is considered fulfilled as a third party carrier service delivers it to the “ship-to” address specified in your order, even if there is no signature collected. You accept the records of the third party service provider as proof of delivery. Your signature is also valid proof of delivery and receipt. Ownership of product and risk of loss for the delivery transitions to the Customer upon carrier notice of delivery in their system.
Service Declined: We reserve the right to refuse service to anyone, for any reason, or for no reason.
Force Majeure: Eataverse is not responsible for delivery delays and/or loss of product due to strikes, terrorism, natural disasters like floods, hurricanes or other Acts of God. In these cases, Eataverse has fulfilled your order upon shipment from our facility.
Shipment Notification: The Customer is responsible to ensure that his own email system correctly processes the Eataverse notification and does not discard it as spam. If the Customer does not receive such shipping notification from Eataverse, he/she is responsible to contact Eataverse and obtain the relevant information. Customer hereby agrees that Eataverse is always deemed to have sent the shipping notification, except if Customer can prove otherwise. If the meals spoil after delivery because Customer is unaware of the shipment, Customer is not in any way entitled to replacement nor refund. Customer hereby agrees that his email or communication issues in receiving Eataverse messages cannot produce a liability for Eataverse.
Coupons: Customers may redeem one coupon, credit or special offer per order.
Order Change and Cancellation: If Eataverse receives a change request from you before shipment, Eataverse will make best effort to apply the changes requested. Eataverse will issue a new order on the Customer’s behalf, have it fund, then cancel the pre-existing order. Prior to shipping, orders can be cancelled with a 25% restocking charge. After shipping, no change nor cancellation are possible.
Hazmat Notice: For certain shipments, Eataverse may use uses dry ice, i.e. solid carbon dioxide, to keep their meals frozen during a delivery. Such material is considered hazardous for multiple reasons. It can burn human skin and organs, as well as animals and plants, upon contact, due to its extreme cold temperature, with painful injuries that may take a long time to heal. It continually releases carbon dioxide gas as it sublimates at normal temperatures, without producing any odor nor color. Carbon dioxide is a poisonous gas. If Customer is exposed to the release of such gas, he/she may experience difficulty in breathing up to asphyxiation and other symptoms, including strong headache and racing heartbeat. Customer shall not keep containers with dry ice close to living quarters, especially if they lack appropriate ventilation, particularly if not alert such as during sleeping. The release of carbon dioxide increases pressure in enclosures if not allowed to slowly flow into the external environment. Customer acknowledges that incorrect handling of containers with dry ice may lead to serious consequences including fatalities and hereby holds Eataverse and its officers and employees harmless for any accident, injury, or casualty resulting from improper handling or storage of dry ice.
Customer Data Protection: While Eataverse will use the strictest diligence to safeguard Customers’ Personally Identifiable Data and payment method information, Eataverse shall not be held liable for any data breach due to technology malfunction, malicious hacking, or any other. Customer provides their personal and payment data at their own risk.
Defects and Refunds: If Customers find a defect in the product received, they have 7 days from date of delivery to report such defect to Eataverse in writing by email. Such defect must be objective, and not subjective such as the taste of meals. Eataverse reserves the right to decide whether we will provide you with (A) a refund in an amount equal to the value of the defective portion(s) of a Product or (B) a full refund in an amount equal to the full value of the shipment. Under no circumstance shall Eataverse be required to make a partial shipment to compensate for missing or defective products. The full refund option does not apply to orders larger than $100 and we reserve the right to reject any request we deem to be fraudulent. If you refuse delivery of a Product from us we will notify you within a reasonable period of time whether you are entitled to a refund (and, if so, the amount) by phone or e-mail. If we determine that you are entitled to a refund, we will process such refund within 30 days of communicating our decision to you. We typically provide refunds using the same method that you used to pay for your purchase.
Limitation of Liability: Eataverse is not liable for any issue with their product that is reported more than 7 days after delivery, because such issue may be the result of an incorrect handling or storage of the product by you. Eataverse shall not be liable for any direct, indirect or consequential damages that result from the use of, or the inability to use, or the consumption of our products, even if Eataverse has been advised of the possibility of such damages. Eataverse shall also not be liable for the loss of Customer Personally Identifiable Data, such as credit card number, address, or any other. The total liability for Eataverse from any claim, whether direct, indirect, consequential, or other, can never exceed the value of the last transaction that the impacted Customer placed with us.
Indemnification: You agree to indemnify, defend, and hold harmless Eataverse, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Change of Terms: Eataverse reserves the right to modify these Terms and Conditions at any time, with or without notice.
Partner/Affiliate Program: Pending prior approval by Eataverse, a business entity is entitled to incentives for all subscriptions that were tracked to their website, for the first year of each individuals subscription, so long as they keep the follow link on their conspicuously on their website. As they remove the link they forego the right to any incentive even for existing subscriptions. The link must be conspicuously carried on one of the main pages of their website. Program participants will indemnify Eataverse from any liability arising from the Affiliate Program and are responsible to carry their own insurance policy.
Partner/Affiliate Duties: Any Partner/Affiliate is required to fairly represent Eataverse products and to update any information on Eataverse as new offerings or enhancements are made available. Partner/Affiliate acknowledges that Eataverse may be damaged by incorrect information that Partner/Affiliate provides, particularly if Partner/Affiliate presents competing products on the same website. If lacking or erroneous representations of the Eataverse offering are published of the website of the Affiliate, Affiliate loses the right to any incentive or commission from Eataverse. Once Partner/Affiliate corrects their information on Eataverse, the Partner/Affiliate relationship can be resumed.
Consent: By using our site, you consent to the above.