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Terms of Service

DISCLAIMER AND LIABILITY WAIVER

We want you to be healthy, but we are not medical practitioners. And you should really consult with your pediatrician before making any change in your child or children’s daily diet and health regime.

We are here to help you develop healthy eating habits for your little ones, provide passionately prepared, well balanced and great tasting meals, but there are many things that we simply cannot help you with, and a great deal we just don’t know prior to you beginning this meal plan. For example, we don’t know prior eating habits, personal family health and medical history or if medications have been introduced and part of the daily practice. So, by using our products, you acknowledge that you are doing so at your own risk, and are agreeing that you have consulted with your pediatrician or other health professional about any potential change in diet

We are also not claiming that our products or services will alleviate, heal or cure any health condition or symptom. No product or service offered by First Spoons™ is meant to treat any medical condition.

We are dealing with food, so it’s important to properly manage our products either in the freezer or in the refrigerator when you get it. By purchasing the First Spoons™ Meal Plan, you agree to properly and promptly freeze or refrigerate all meals until you plan to eat them. Since all of our food is so fresh (preservative-free, chemical-free, etc.) it goes bad quickly if not properly taken care of. So, once the food is delivered to you, its safety is in your hands.

Finally, by using our website, you are agreeing that you have read and agree to our Terms and Conditions as listed on our http://www.firstspoons.com/pages/terms-conditions-and-privacy-policies

From all of us at First Spoons™, thank you so very much for using our products.

 

GENERAL

Welcome to the website (“Site”) of First Spoons™, Inc. (“we”, “us”, “our” or “First Spoons™”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”). If you do not want to be bound by these terms and conditions, you should immediately stop using our Site. We may from time to time change the terms that govern your use of our Site. Such will be effective immediately upon notice, which may be posted as a modified agreement on the Site or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

 

PAYMENTS AND PROMOTIONS

Payment is due upon purchasing your First Spoons™ Meal Plan and any Additional Meals. If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted programs, however we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of First Spoons™, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

 

GROUP RATES

We offer discounts to groups of 3 people or more. Groups of three (3) to five (5) people will receive 10% off their orders. Groups of six (6) people or more will receive 15% off their orders.

To be eligible for a group discount, all orders must be placed the same week for the same start date. Group members are not required to use the same shipping address or to sign up for the same program.

To take advantage of the group discount, one of the group member must email info@FirstSpoons.com in order to receive a unique group identification code. Once received, all group members in the group must use this code and pay in full at checkout. Prior to the first delivery date, all group members will be refunded the appropriate amount to reflect the discount. First Spoons™ group discounts cannot be combined with any other discounts or promotions, and First Spoons™ reserves the right to deny group discounts at its option at any time for any reason.

 

CANCELLATIONS & REFUNDS

We are committed to the health and wellness of your family’s future and we want you to commit to that goal as well! Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program. For cancellations up to 4 days prior to the start of your program, First Spoons™ will refund 50% of the program cost. Within 4 days of your program start date, no refunds will be issued; however, you can put your order on hold to start/resume at a later date, or have it sent to someone else.

Refunds will not be issued for delays that are the result of factors outside First Spoons™ reasonable control, including but not limited to weather and traffic. If we cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically added to the end of your program. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.

Thank you for your understanding!

 

DELIVERY LOGISTICS FOR NYC ADDRESSES (ALL BOROUGHS) and

ONE DAY FEDEX OVERNIGHT

Current Delivery Area

We currently deliver to all five New York boroughs. Some of the more remote areas of NY boroughs (except Manhattan) may be serviced by our New York State delivery team or FedEx One Day Overnight Ground. In this case, we will notify you prior to your first delivery to make appropriate arrangement.

We ask that you advise us on any particularities that our delivery team may encounter when bringing your order to you. Here is a list of things that we typically need to know:

  • Does your building have a doorman? If not, does your buzzer work?
  • Where should we leave your order if you are not at home to receive it?
  • If you subscribed for a longer plan (20-day or longer), would you consider lending us a key or a code to your building, so the driver can leave your bag there, away from the bad weather?
  • Are there any other important instructions you may want to share to allow for a smooth delivery?

Delivery Schedule

We deliver our five-day program once per week. You will receive food on Thursday.

Our meal programs are scheduled according to availability. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST two days before you want the program to start (for example: for Monday start, you must order the program no later than 11:59PM EST on preceding Friday).

 

DELIVERY LOGISTICS FOR ADDRESSES OUTSIDE NYC

Current Delivery Area –

  • In Massachusetts, Connecticut, Rhode Island, New Jersey, Maryland, DC and Delaware
  • Most of New York State, Pennsylvania, Vermont

We are continuously growing our coverage area. If your state is not on this list please subscribe to our newsletter to be notified of our delivery expansions.

For all deliveries outside of New York City, we require that you answer a list of questions regarding the delivery location in order to help our delivery teams. Prior to your first delivery, we will email this list to you and give you ample time to respond. The questions are as follows:

  1. Please describe your home. Is it a stand-alone house, duplex, brownstone, or an apartment building?
  2. What color is your building / house?
  3. Where can the house number be found at your location?
  4. What are the cross-streets?
  5. FedEx Overnight Ground Map – http://www.fedex.com/grd/maps/MapEntry.do
  6. Are there any unique elements about your location and are there any landmarks in the area (near or next door), which may help delivery personnel find the correct location?

If you subscribed for a longer plan (20-day or longer), we may ask you if you would consider lending a key or a code to your building entrance area, so the driver can leave your bag there, away from the bad weather.

 

DELIVERY SCHEDULE

We deliver our six-day program one time per week. Your food is sent out overnight and will be delivered early morning on Thursday.

 

DELIVERY DISCLAIMER

Our meal programs start on Mondays and are scheduled according to availability. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST seven days before you want the program to start (for example: for Monday start, you must order the program no later than 11:59PM EST on preceding Monday). It should not be assumed that individual specifications can be met, but we will accommodate client instructions to the best of our ability.

First Spoons™ is made with the freshest organic ingredients to withstand preservation for the duration of the meal program with proper refrigeration and care. Our meals are to be kept frozen or refrigerated until consumed and the freshness not guaranteed past the 3rd day of receipt once refrigerated. It is up to the client to maintain freshness once received.

We will do our best to deliver your meals to you in accordance with your specifications. However, if we are not successful in our attempt, our delivery team will leave the bag at your location in the place they deem to be the safest and cleanest. We will email you as soon as possible if this is the case.

Once the delivery has been made based on your specifications, we are no longer responsible for any damage or delay on part of other persons, circumstances, or for the security of its contents. If you think the contents have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.

 

HOLDS, PAUSES, PROGRAM EXPIRATION

With longer programs, we understand the changing schedules of clients and allow for changes to the ongoing programs, as explained below.

Required Notice: Because everything is specially made to order, we require at least a 48-hour notice for any changes to an ongoing program, including but not limited to program hold requests or delivery address changes. However, because circumstances change all the time, we cannot promise that these requests can always be fulfilled, whether inside or outside given restraints.

Guidelines: You can request to put your current program on a temporary hold, which is described for each program type below. All program holds are done by day, not by meal (for example: you cannot have us temporarily hold an individual meal, you would have to put the entire day’s worth of meals on hold). The days on hold will be automatically added to the end of your program, thus extending the expiration date by the same number.

Any 6-DAY program

-Standard expiration date is 5 business days from the start date

-Allowed hold time: total of 5 business days, new expiration date is 10 business day from the start date

-Unlimited number of hold requests

3 deliveries included in the program price

Any 20-DAY program

-Standard expiration date is 20 business days from the start date

-Allowed hold time: total of 10 business days, new expiration date is 30 business day from the start date

-Unlimited number of hold requests

-12 deliveries included in the program price

Any 3-MONTH program

-Standard expiration date is 60 business days from the start date

-Allowed hold time: total of 20 business days, new expiration date is 80 business day from the start date

-Unlimited number of hold requests

-36 deliveries included in the program price

Shipping Costs: Each program has a set number of delivery days included in the program price, as indicated above. If program holds requested by the client cause the total number of deliveries to exceed these maximums, the client will be charged for the additional delivery days at a rate of $12/delivery in New York City and $25/delivery everywhere else.

Program cancellations, holds and pauses due to national holidays, weather and traffic-related emergencies and First Spoons™ own service disruptions will not result in additional shipping costs or count towards the hold time maximum.

 

WEATHER & TRAFFIC ALLOWANCES

Our nationally recognized delivery team do their best to get your food to you on time so you could enjoy it at its freshest. Still, they run into delays due to dangerous weather, traffic and other factors that are outside of their control. So, while our drivers always use the most optimal delivery routes, we cannot guarantee delivery within you time slot. If we have a 24-hour notice that the delay is going exceptionally long, we will reach out to you to give you a chance to amend your delivery details to better suit your schedule.

In instances of inclement weather, we hold the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such case we will notify you as early as possible and your program will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.

As both traffic and weather are outside of First Spoons™ normal control, cash refunds cannot be issued for affected orders.

 

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed First Spoons™, Inc. collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by First Spoons™.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to First Spoons™ on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain First Spoons™ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to First Spoons™ of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, First Spoons™ will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. First Spoons™ is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of First Spoons™ or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that First Spoons™ may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that First Spoons™ may use your information for marketing and promotional purposes.

 

First Spoons™ COMMUNICATIONS TO YOU

You agree that First Spoons™ may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any First Spoons™ products or services, or for such other purpose(s) as First Spoons™ deems appropriate.

 

PRODUCT INFORMATION

Most First Spoons™ products displayed at the Site are available only via online request in the United States while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

 

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

IMAGES

The images displayed on the Site do not necessarily represent or depict actual meal programs or food offered by First Spoons™. Meals and meal programs are subject to change without notice.

 

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which First Spoons™ does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

 

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT First Spoons™ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

 

INACCURACY DISCLAIMER

From time to time there may be information on FirstSpoons.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

 

INDEMNIFICATION

You agree to defend, indemnify and hold First Spoons™ harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

 

MISCELLANEOUS

Unless otherwise specified and except to the extent First Spoons™ products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting First Spoons™ products and services available in the United States.

 

TERMINATION

This Agreement is effective unless and until terminated by either you or First Spoons™. You may terminate this Agreement at any time. First Spoons™ also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in First Spoons™ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or First Spoons™, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.