Welcome to the graze.com website (the “Site”). Nature Delivered Inc. (the “Company”, “we”, “us”, “our”) provides a subscription food service delivering packaged foods directly to consumers via mail (collectively, including all features, functionality and content of the Site, the “Services”).
By using, visiting, or browsing the Site or Services, you accept and agree to be bound by the terms and conditions of this Agreement, so please read this Agreement carefully before using the Site or Services. If you do not accept and agree to be bound by the terms and conditions of this Agreement, you should not use the Site or Services.
You must be 18 years of age or older to use the Site or Services or to accept this Agreement.
3. Accounts and Subscription
- 3.1 Account creation
- In order to become a member of the Site and use our Services, you must register for an account with us (“Account”) and provide us with personal information as prompted by the Site registration form. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may cancel your orders at any time by following the instructions on the Site. We may refuse any application to join Nature Delivered Inc. or receive our Services for any reason whatsoever. We may suspend or terminate your Account in accordance with Section 9.
- Upon registering, ordering boxes as part of a promotion and/or signing up to receive regular deliveries, restarting regular deliveries, or changing credit or debit card details, your credit or debit card will be authorized for up to the cost of two boxes to verify your payment details. A $1 payment will be applied to your card in order to authorize it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this shadow transaction on your account balance. It should disappear from your banks statement within 5-10 business days.
- 3.3 Account Responsibilities
- You are fully responsible for keeping your Account login information confidential and for all activities that occur within your Account. If you suspect that there has been unauthorized access to your Account or any other potential security breaches you agree to immediately notify us of this. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- 3.4 On-going subscription
- By ordering the Service you are signing up to a periodic subscription with us and agree to pay the then current applicable Service fee listed on the site (as defined by the number of boxes you choose to receive per period). Your subscription, which may start with a free or discounted box, will continue at the level you have chosen (or at a different level if you change your preferences) unless and until you cancel your subscription or we terminate it. You must cancel your subscription before your billing day for each period (which will be clearly stated in the “Your Deliveries” section of the Site) in order to avoid billing of the next period’s Service fee to your chosen payment method. We will automatically bill the Service fee every period to the payment method you provide to us during registration (or to a different payment method if you change your account information). We may change the pricing for the Service by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews.
- 3.5 Cancellation
- You may cancel your subscription at any time. To cancel, visit the Site and click on "Cancel Subscription" on the "Your Deliveries" page and follow the instructions for cancellation under the heading "Cancel Subscription."
- 3.6 Free or Discounted Offers
- Free or discounted introductory offers are only available to new users of the Service, except where expressly stated, previous users or trialists of the Service do not qualify for an additional special offer. Free or discounted offers are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers. You must have internet access and valid payment details to redeem a free or discounted offer. You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Service until you cancel your subscription.
- By using the Site, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to the Service. These communications are part of your relationship with us and you receive them as part of your subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Use of the Site, Intellectual Property
- 5.1 License
- Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use the Site and Services for your personal and non-commercial use. Any breach of this Agreement will result in the immediate revocation of the license granted in this paragraph without notice to you.
- Except for the foregoing limited license, no right, title or interest shall transfer to you. You may not reproduce, display, transmit, license, lease, rent, sell, transfer, assign, distribute, create derivative work from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit the Site or Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that a customer conduct violates applicable law or is harmful to our interests.
- You acknowledge that all copyrights, patents, trademarks, and any other intellectual property rights contained within the Site and/or Services are owned by us or our agents. Our provision of the Site and delivery of the Service to you does in no way transfer to you, or any third party, any rights, title or interest in or to these intellectual property rights. We and our agents reserve all rights not granted in this Agreement.
- 5.2 Support
- You acknowledge that we have no responsibility to provide you with any support in relation to the Site or Services.
- 5.3 Ongoing Changes to the Site; Service
- From time to time, we test various aspects of the Service, including the Site, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
- Although we aim to offer you the best service possible, we make no promise that the Site and Services will meet your requirements and we cannot guarantee that the Service will be fault free. If a fault occurs in the Service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Service as soon as we reasonably can. In the event that the Site is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at .
6. Third Party Sites and Ads
- From time to time the Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse, approve, monitor or review these websites. We have no responsibility for the content of the linked websites.
- You use all external links at your own risk. Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
7. User Material and Feedback
- 7.1 User Material
- 7.2 Feedback
- If you provide us with any feedback, suggestions, ideas or information (including in your User Material) regarding the Site or Services (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
- You agree to indemnify, defend and hold the Company (and its officers, employees, agents and its affiliates, parent company(ies) and their respective officers, employees and agents) harmless from and against any claim, demand, action, proceeding, damage, fine, penalty or loss of any kind, including attorneys’ fees and costs, made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Material, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Right to Terminate
- In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement for any or no reason whatsoever. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site and Services in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) arising before the date of termination. You understand that any termination of your Account involves deletion of your User Material associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Material.
10. Governing Law/Venue
- The Site its contents and associated Services are provided "as is" and on an "as available" basis and we (and our suppliers) make no representations or warranties, whether express or implied, of any kind with respect to it. We (and our suppliers) assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the Site, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We (and our suppliers) disclaim all representations and warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy and systems integration. In addition, we do not represent or warrant that the information accessible via the Site is accurate, complete or current.
12. Limitation of Liability
- In no event shall we, including our shareholders, directors, officers, employees or agents, and the Company’s affiliates and parent company(ies), and their respective shareholders, directors, officers, employees and agents be liable (jointly or severally), to you or any third party for any special, incidental, exemplary, punitive, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
- If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our maximum liability to you, arising out of or in connection directly or indirectly with your use of the Site, Site content or our Services shall not exceed in aggregate the total amount paid by you to us in respect of the Services in the month preceding any such claim. The existence of more than one claim will not enlarge this limit. You agree that our agents will have no liability of any kind arising from or relating to this agreement.
13. Overall Agreement
14. Contact Information